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, Consumer Advocacy Group, Inc. brought an action in the public interest of the People of the State of California against Fry's Electronics, Inc., Sakar International, Inc., and others.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Proposition 65 was violated by defendant's alleged failure to give clear and reasonable warnings of exposure to DEHP in certain consumer products defendant distributed and/ or sold in California. Plaintiff alleged that the following products contained and exposed consumers to DEHP: Vivi Life Fitness Reflective Ankle Bands; ViVi Life Fitness Reflective Armbands; Nickelodeon, Teenage Mutant Ninja Turtles Volume-Limiting Headphones; L.O.L. Surprise! Kid-Safe Headphones; and D.C. Kid-Safe Headphones.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Consumer Advocacy Group and Sakar International settled the case for $350,000. Pursuant to the settlement agreement, Sakar International shall not distribute for sale or offer for sale in the United States of America any of the covered products unless the levels of DEHP in the covered products do not exceed more than 0.1 percent (1,000 parts per million) by weight. For any covered products ordered for manufacture prior to the effective date, Sakar International shall place a Proposition 65 compliant warning.