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Consumer Law
Consumer Protection
Violation of Proposition 65

APS&EE, LLC v. Norma Pennsylvania Inc., and Does 1 through 100, inclusive

Published: Nov. 5, 2021 | Result Date: Oct. 5, 2021 | Filing Date: Jul. 6, 2021 |

Settlement –  $27,000

Judge

Yolanda Orozco

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Lucas T. Novak
(Law Offices of Lucas T. Novak)


Defendant

Jasmine W. Wetherell
(Perkins Coie LLP)


Facts

APS&EE LLC, an organization interested in protecting the environment, filed suit against Norma Group. Norma Group sells the NDS brand of rubber couplings known as flexible couplings.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the product sold by defendant contains chemicals known to cause cancer and issues with reproduction due to its toxicity. Specifically, plaintiffs alleged that defendants violated California Health and Safety Code Section 25249.6.

DEFENDANT'S CONTENTIONS: Defendants denied all contentions and maintained that its products are in compliance with the laws and have not violated Proposition 65.

Result

Norma Group agreed not to manufacture, distribute, sell or offer the products unless it is reformulated to ensure that it complies with California requirements or provides "clear and reasonable warnings" regarding the chemical exposure.


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