Facts

On January 1, 1988, the State of California listed Di(2-ethylhexyl) phthalate (DEHP) as a toxic chemical under Proposition 65 regulations that causes cancer and reproductive toxicity. Moreover, dermal absorption of DEHP can occur through direct skin contact when touched with bare hands. 99 Cents Only Stores, LLC sells, distributes, and offers for sale Studio Art pencil pouches in California. Anthony Ferreiro brought a representative action on behalf of all California citizens to enforce the relevant portions of Proposition 65 against 99 Cents Only Stores, LLC.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant since November 30, 2020, has knowingly and intentionally distributed and/or offered for sale in California a Studio Art pencil pouch that exposed persons to unsafe levels of DEHP without the requisite clear and reasonable exposure warning. Further, plaintiff contended that the DEHP found on the surface of the pencil can be absorbed into a person's skin through direct contact with the product or can contaminate other articles contained within a closed space with the product.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

99 Cents Only Stores, LLC agreed to pay a $55,000 settlement, as well as either properly warn consumers about the DEHP on its Studio Art pencil pouches or reformulate the chemical makeup of the product.