Facts

ABB Installation Products, Inc. and Do It Best Corp. manufacture, distribute, or sell heavy duty ground clamps and conduits throughout California. APS&EE, LLC is a California organization that, on October 1, 2021, sent a notice of alleged violation of Proposition 65 to ABB, Do It Best, and various public enforcement agencies. After no enforcement action was forthcoming, APS&EE filed suit against ABB and Do It Best on March 6, 2023.

PLAINTIFF'S CONTENTIONS: The plaintiffs contended that the defendants manufactured, sold, or distributed heavy duty ground clamps and T&B brand conduits throughout California; that the clamps and conduits contained lead; that handling the clamps and conduit could expose California consumers to unsafe levels of lead; that lead is a substance known to the State to cause cancer and reproductive harm; that the defendants were required to provide a clear warning to consumers regarding lead exposure associated with their products; that the defendants failed to provide the required warnings; that this failure exposed, or could expose, unknowing consumers to lead; and that the defendants were liable for their failure to warn consumers in violation of Proposition 65.

DEFENDANTS' CONTENTIONS: The defendants denied any wrongdoing or liability.

Result

The parties entered a consent judgment wherein the defendants admitted no wrongdoing but agreed to reformulate offending products or provide a clear warning to consumers, and the defendants also agreed to pay $39,500 to settle the plaintiff's claims.