Facts

Since 1998, Ningbo Xiesheng Lighting Industrial Co. Ltd. (Xiesheng Lighting) has been designing, developing and manufacturing different types of LED flashlights including tactical, zoomable, and keychain plus other types such as bicycle headlights and searchlights. Their products have been used in many applications which include not only outdoor, recreational activities such as camping, but also workplace, emergency assistance, tactical and police activities. Green Initiative LLC, is a California limited liability company acting in the general public's interest to further causes such as toxics reduction and environmental education. In September 2021, Green Initiative sent notices to Ace Hardware Corporation and others regarding certain Proposition 65 violations of Xiesheng Lighting's flashlights.

PLAINTIFF'S CONTENTIONS: Plaintiff Green Initiative contended that defendants, including Ace Hardware, manufactured and/or distributed flashlights manufactured by Xiesheng Lighting that contained Di-n-butyl Phthalate (DBP), a chemical listed by the State of California as being known to cause cancer, birth defects or other reproductive harm. As such, it was required to comply with Proposition 65.

DEFENDANT'S CONTENTIONS: Defendants Xiecheng Lighting denied all contentions.

Result

The case settled. Defendant Xiesheng Lighting agreed to pay $8,000 in civil penalties and $24,000 for plaintiff Green Initiative's attorney's fees and costs. They also agreed to provide the request Proposition 65 warning on their products as to the possibility of DBP exposure and its possible harms.