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Consumer Law
Consumer Protection
Violation of Proposition 65

Mark Moorberg v. Bensussen Deutsch & Associates Inc., and Does 1 through 100, inclusive

Published: Apr. 9, 2016 | Result Date: Nov. 24, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-541130 Settlement –  $35,000

Court

San Francisco Superior


Attorneys

Plaintiff

Christopher C. Moscone
(Moscone Emblidge & Otis LLP)

Laurence D. Haveson

Clifford A. Chanler
(The Chanler Group)

Rachel J. Sater

Steven L. Iriki


Defendant

David I. Kornbluh
(Miller Morton Caillat & Nevis LLP)

Stephanie M. Rocha
(Miller Morton Caillat & Nevis LLP)


Facts

Mark Moorberg sued Bensussen Deutsch & Associates Inc. under Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly made available to California consumers vinyl/PVC stylus toppers that contained DEHP, a chemical known in the state to cause cancer, without providing the requisite warning.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.

Result

The parties reached a consent judgment in which Bensussen agreed to make available only reformulated products and pay $20,000 in civil penalties plus $15,000 in reimbursement for fees and costs.


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