Facts

Orly Shoe Corp. is a New York corporation that engages in the business of distributing products for sale in the State of California. Sara Hammond is a citizen of the State of California. On February 1, 2021, Hammond served a 60-Day Notice of Violation regarding alleged violations of Proposition 65. In the notice, Hammond also mentioned her intent to file an enforcement action in the public interest. On February 17, 2021, a Supplemental 60-Day Notice of Violation was served that named Orly as the manufacturer or distributor of TJX PVC reusable carrying cases for face mask kits. No public prosecutor filed an enforcement action in response to the Notices of Violation, so on July 1, 2017, Hammond filed a complaint seeking penalty and injunctive relief in Alameda County Superior Court.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Orly manufactured or distributed reusable face mask carrying kits for sale in the State of California; that these products contained Di(2-ethylhexyl)phthalate; that DEHP is a chemical that requires a Proposition 65 warning because it is known to cause cancer or reproductive toxicity; that Orly knowingly failed to provide the required Proposition 65 warning to California consumers; that this failure to warn led to citizens of California being unknowingly exposed to DEHP; and that this failure violated Proposition 65, so Orly should be subject to monetary penalties and a permanent injunction compelling it to provide the Proposition 65 exposure warning to California consumers.

DEFENDANT'S CONTENTIONS: Defendant contended that it had not violated any statute, law, rule, or regulation, and it denied the allegations in the complaint and the 60-Day Notice of Violation.

Result

The parties entered into a consent judgment whereby Orly admitted no wrongdoing but will pay $24,500, representing $23,500 in costs and attorneys' fees incurred by Hammond and $1,000 in civil penalties. Orly also agreed to either cease selling the products covered in the complaint in California, or alternatively, to affix appropriate warnings to the covered products distributed in California in the future.