Facts

On June 10, 2021, Gabriel Espinoza purchased the Wilson Badminton Gear Set from Big 5 Sporting Goods Store. According to Espinoza, he then sent the set to be tested for phthalate, and the lab results determined that the set exposed users to di(2-thylhexyl)phthalate (DEHP). On May 24, 2022, Espinoza brought a class action suit in San Francisco Superior to enforce Safe Drinking Water and Toxic Enforcement Act against Wilson Sporting Goods LLC, Big 5 Corporation, and others.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants sold and/or distributed Wilson Badminton Gear Set that exposed consumers to di(2-thylhexyl)phthalate (DEHP), a chemical known to cause cancer, birth defects, or other reproductive harm without providing the requisite, required warning pursuant to Proposition 65.

DEFENDANT'S CONTENTIONS: Defendant denied all material contentions.

Result

The case settled for $27,500. Moreover, defendant must also reformulate or provide Prop 65 warnings if the product is not reformulated or reformulation requirements are not met.