Facts

Susan Davia is an individual who seeks to promote awareness of exposure to toxic chemicals and improve human health by reducing or eliminating hazardous substances contained in consumer products. Di(2-ethlyhexyl)phthalate (DEHP) and di-isodecyl phthalate (DIDP) are on the Proposition 65 list because they can cause cancer and birth defects or other reproductive harm. Pursuant to Proposition 65, Davia brought an action in the public interest of the People of the State of California against Core Products International, Inc., a manufacturer of therapeutic products, Scrip, Inc., a provider of chiropractic equipment and supplies, Allegro Medical Supplies, Inc., and Allegromedical.com.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that significant levels of DEHP and DIDP had been discovered in or on the vinyl/PVC components of CORE cervical traction water bag products that defendants design, manufacture, distribute, and/or offer for sale to consumers throughout the State of California, including, but not limited to Cervical Traction Replacement Water Bag 860 0078 (578459) and all other traction water bag models. Plaintiff argued that defendants' failure to warn consumers and/or other individuals about their exposure to DEHP and DIDP in conjunction with defendants' sale of the products was a violation of Proposition 65. Plaintiff contended that defendants knew or should have known that the packing, shipping, unpacking, display and daily organization, and movement of the products as well as the reasonably foreseeable use of the products exposed individuals to DEHP and DIDP through dermal contact and/or ingestion and/or inhalation.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

The case settled for $41,200.