Facts

In 1988, the State of California listed di(2-ethylhexyl) phthalate (DEHP) as a chemical known to the State to cause cancer that has come under the purview of Proposition 65 regulations. On October 24, 2003, the State of California listed DEHP as a chemical known to cause birth defects or other reproductive harm. Jo-Ann Stores, LLC manufactures, processes, markets, distributes, and sells various storage and photo album products in California. On December 6, 2022, Precila Balabbo brought a representative action on behalf of all California citizens against Jo-Ann Stores, LLC, alleging violations of the Safe Drinking Water and Toxic Enforcement Act. On September 7, 2023, Balabbo brought the operative second amended complaint against Jo-Ann Stores, LLC.

PLAINTIFF'S CONTENTIONS: Plaintiff maintained that DEHP was a harmful chemical known to the State of California to cause cancer and birth defects or other reproductive harm. Further, plaintiff alleged that defendant exposed individuals to DEHP from its sales of Webster Fine Art photo album snap-in pouches, UPC 608807004285; Webster Fine Art photo album cover caddys, UPC 608807003943; hildie & jo jump ring mandrels, UPC 7868337868334; Big Twist All-In-One vertical storage totes, UPC 6972857576073; Place & Time small sun shade cases, 18622076; Place & Time vases, UPC 8904383300240; and Top Notch rolling totes, 400191058406, in California without the requisite reasonable and clear exposure warning that the products expose consumers to DEHP.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Jo-Ann Stores, LLC agreed to reformulate its products and/or add Proposition 65 warnings, plus pay a $77,500 settlement.