Facts

Anthony Held filed a representative action against Shelby Group International Inc. concerning a product that Shelby manufactured and/or sold in California. Proposition 65 required businesses to provide warnings about exposure to a chemical known to the state of California to cause cancer or reproductive toxicity.

PLAINTIFF'S CONTENTIONS:
Held contended that Shelby sold, manufactured, distributed and/or imported vinyl/PVC PVC rainwear in California. Plaintiff claimed the product exposes defendant's consumers to lead, which is toxic. Proposition 65 requires businesses to provide warnings about exposure to a chemical known to the state of California to cause cancer or reproductive toxicity. Plaintiff claimed defendant had failed to provide the requisite warnings under Proposition 65, and asserted a cause of action for violation of the proposition.

DEFENDANT'S CONTENTIONS:
Shelby denied Held's allegations, and maintained that all of its products were in compliance with all laws.

Result

The parties entered into a consent judgment that provided for injunctive and monetary relief. Shelby agreed to only manufacture products that are in compliance with the "reformulated standards," and instruct its vendors to provide only products that meet those standards. In addition, Shelby also agreed to pay $40,000 in civil penalties.