Center for Environmental Health v. Princess Polly USA Inc., and Does 1 through 200, inclusive
Published: Dec. 9, 2022 | Result Date: Sep. 2, 2022 | Filing Date: Apr. 25, 2022 |Case number: 22-CV-010343 Settlement – $45,000
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Howard J. Hirsch
(Lexington Law Group LLP)
Joseph J. Mann
(Lexington Law Group)
Defendant
Steven E. Soule
(Kirkland & Ellis LLP)
Facts
Lead, a chemical known to the State of California to cause cancer and birth defects and other reproductive harm, is subject to the clear and reasonable warning requirement regarding reproductive toxicants under Proposition 65.
Center for Environmental Health, in the public interest, brought an action against Princess Polly USA, Inc.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's belts, made with leather, vinyl, or imitation leather materials, as well as the metallic components of the belt buckles, were contaminated with significant quantities of lead. Plaintiff asserted that defendant introduced the contaminated products into the California marketplace, thereby exposing users of their products, many of whom were pregnant women and children, to lead. Despite the fact that defendant exposed pregnant women, children, and other people who came into contact with the products to lead, defendant provided no warnings whatsoever about these lead exposures. Defendant's conduct thus violated the warning provision of Proposition 65.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
$45,000 settlement and injunctive relief.
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