Facts

Di(2-ethylhexly)phthalate (DEHP) is a chemical listed under Proposition 65 as a chemical known to the state of California to cause cancer or reproductive toxicity. Shefa LMV, Inc., represents it is a public benefit, non-profit corporation that seeks to promote awareness of exposures to toxic chemicals and to improve human health by reducing or eliminating hazardous substances contained in consumer products. Seaich Card & Souvenir Corporation is a manufacturer, importer and distributor of jewelry, home goods, clothing, clothing accessories, toys, backyard recreational and outdoor recreational items. Handbag Republic, Inc., is a distributor of trendy and fashionable handbags. In the interest of the citizens of California, Shefa brought an action against Seaich and Handbag Republic.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants manufactured, imported, sold, or distributed, for sale in the state of California plastic purse products, including, but not limited to, Handmade Donna Bella Maisie Totes that contained DEHP without first providing a clear and reasonable warning required by Proposition 65. Plaintiff alleged that defendants knowingly and intentionally exposed consumers to DEHP. Plaintiff asserted that the exposure was knowing and intentional because it was the result of defendants' deliberate act of authorizing the sale of products known to contain DEHP, in a manner whereby these products were, and would inevitably be, sold to consumers, and with the knowledge that the intended use of these products would result in consumers' exposure to DEHP.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Shefa and Seaich settled the case for $15,500. Pursuant to the settlement agreement, Seaich shall not manufacture and/or distribute for sale any of the covered products in the state of California unless such products contain DEHP in concentrations less than or equal to 1000 parts per million. If the products do not meet the reformulation standards, Seaich will provide warnings on such products that comply with Proposition 65.