Facts

Keep America Safe and Beautiful is a California non-profit organization that is dedicated to protecting the health of Californians and the environment through the elimination or reduction of toxic chemicals utilized in manufacturing consumer products and increasing awareness of those chemicals. Zurn Industries, LLC, which does business as Zurn, manufactures, sells, distributes, or offers to sell in California, Zurn-Wilkins Lead-Free Bronze Full Port Ball Valve. After an investigation and providing notice, KASB brought an action against Zurn alleging that it violated Proposition 65 because the Ball Valves contained di(2-thylhexyl)phthalate (DEHP), a chemical known to cause cancer, birth defects, or other reproductive harm.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that detectable levels were found in the ball valve and defendant should have known its product contained DEHP and thus was required to provide clear and reasonable warnings. As such, defendant knowingly exposed consumers to DEHP and intentionally exposed consumers to DEHP through the foreseeable use of the ball valve.

DEFENDANT'S CONTENTIONS: Defendant denied all material contentions.

Result

Without defendant admitting to the allegations, the case settled for $30,000. Defendant must also reformulate or provide Prop 65 warnings if the product is not reformulated or reformulation requirements are not met.