Facts

Amscan Inc. manufactures, imports, distributes, sells, and/or offers for sale certain costume and costume accessory packaging, carrying cases and storage bags such as the Ride-On Costume and Carrying Case Bags. On September 28, 2021, EnviroProtect LLC served Amscan, Ross and certain public enforcement agencies with a 60-day notice of violation that Amscan and Ross violated Proposition 65.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to warn their customers in California that their products contained Di-(2-ethylhexyl) phthalate (DEHP), a chemical listed by the State of California to cause cancer and reproductive toxicity.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Defendant agreed to pay $4,000 in civil penalties, $33,000 in attorney's fees and expenses and either reformulate or provide a Prop 65 warning regarding the exposure to DEHP.