Ema Bell v. Naterra International Inc., CVS Pharmacy Inc.
Published: Jul. 8, 2022 | Result Date: May 13, 2022 | Filing Date: Sep. 25, 2020 |Case number: RG20075323 Settlement – $30,000
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Evan J. Smith
(Brodsky & Smith LLC)
Defendant
Willis M. Wagner
(Arnold & Porter Kaye Scholer LLP)
Facts
Ema Bell and Precila Balabbo are individuals who reside in California that seek to promote awareness to toxic chemicals and improve human health by reducing or eliminating hazardous substances contained in consumer products. Bell and Balabbo brought an action against Naterra International, Inc., a creator of beauty, baby care, and personal care products.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant had exposed individuals to diethanolamine (DEA) from its sale of Tree Hut Shea Moisturizing Body Lotion and di(2-ethylhexyl) phthalate (DEHP) from its sales of Tree Hut Essential Travel Kits, without providing a clear and reasonable warning pursuant to Proposition 65. DEHP is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer and reproductive toxicity. DEA is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions and maintained that it had not violated Proposition 65.
Result
The case settled for $30,000. Pursuant to the settlement agreement, defendant shall not sell or offer for sale in California Tree Hut Shea Moisturizing Body Lotion that contains the ingredient triethanolamine (TEA), which is the ingredient that caused the alleged presence of DEA. Moreover, Tree Hut Essential Travel Kits shall not be manufactured to sell in California. Should the product be reproduced in the future, it shall contain concentrations less than or equal to 0.1 percent of DEHP or have a clear and reasonable exposure warning.
Other Information
Consolidated with: RG20075339
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