Facts

Di(2-ethlyhexyl)phthalate (DEHP) is on the Proposition 65 list because it can cause cancer and birth defects or other reproductive harm. Pursuant to Proposition 65, Ecological Alliance, LLC, brought an action in the public interest of the People of the State of California against Zebra Pen Corporation.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to warn citizens of the State of California, in violation of Proposition 65, about the presence of DEHP in the defendant's pen sets with cases containing DEHP, offered for sale throughout the State of California. Plaintiff contended that defendant's product contained DEHP and that consumers of the products were exposed to DEHP through dermal exposure and ingestion of the products. Plaintiff also alleged that defendant knew and intended their products to expose consumers to DEHP.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The case settled for $25,000. Pursuant to the settlement agreement, Zebra Pen Corporation must reformulate its product to contain less than 0.1 percent DEHP or provide warning labels.