Facts

On September 17, 2021, Keep America Safe and Beautiful filed a complaint against True Fabrications Inc. in San Francisco County Superior, alleging that True Fabrications violated Proposition 65, the Safe Drinking Water and Toxic Enforcement Act.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants manufactured, imported, distributed, sold, or offered for sale, wine boxes with vinyl straps and faux leather totes that exposed consumers to toxic chemicals: di(2-ethylhexyl) phthalate (DEHP) and diisononyl phthalate (DINP) without providing the required Prop 65 warnings.

DEFENDANT'S CONTENTIONS: Defendant denied the material, factual, and legal allegations and maintained that all products it sold or distributed in the state complied with all applicable laws.

Result

Defendant agreed to either reformulate the product or to provide clear and reasonable warning on the product. The settlement also required defendant to pay a civil penalty of $2,500 and $25,000 in attorney's and expert's fees and costs.