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Consumer Law
Consumer Protection
Violation of Proposition 65

Laurence Vinocur v. Jesper Office LLC, et al.

Published: Apr. 5, 2014 | Result Date: Jan. 12, 2014 | Filing Date: Jan. 1, 1900 |

Case number: RG13678547 Settlement –  $58,000

Court

Alameda Superior


Attorneys

Plaintiff

Clifford A. Chanler
(The Chanler Group)

Stephen E. Cohen

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

James M. Mattesich
(Greenberg Traurig LLP)

Jeffrey B. Margulies
(Norton Rose Fulbright US LLP)


Facts

Laurence Vinocur filed a representative action against Jesper Office LLC, alleging violation of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Vinocur argued that Jesper manufactured and distributed foam cushioned components that contained tris(1,3-dichloro-2-propyl)phosphate, or TDCPP, which has been listed in Proposition 65 as known to cause cancer. Vinocur asserted that Jesper failed to warn its consumers of the presence of TDCPP, as required under Proposition 65.

Result

The parties settled. Jesper agreed to a new reformulation standard, wwhere its products cannot contain more than 25 parts per million of TDCPP. Jesper also agreed to pay $38,000 in civil penalties, and $20,000 for Vinocur's fees and costs.

Other Information

FILING DATE: May 8, 2013.


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