Facts

Keep America Safe and Beautiful (KASB) is a California non-profit organization 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. FKA Distributing Company LLC, doing business as Homedics USA LLC, manufactures, sells, distributes, or offers to sell in California, massagers, including the HoMedics Deep Kneading Back Massager with Heat. After an investigation and providing notice, KASB brought an action against FKA Distributing on April 12, 2022, alleging that it violated Proposition 65 because the massagers 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 massagers and defendant should have known its product contained DEHP and therefore 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 massagers.

DEFENDANT'S CONTENTIONS: Defendant denied all material, factual, and legal allegations contained in the complaint, maintaining their products were in legal compliance.

Result

The case settled for $40,000. Defendant also agreed to reformulate or, if the product is not reformulated or reformulation requirements are not met, provide Prop 65 warnings.