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Consumer Law
Consumer Protection
Violation of Proposition 65

Laurence Vinocur v. The Scott Fetzer Company, Wayne/Scott Fetzer Company, and Does 1 to 150, inclusive

Published: Dec. 10, 2016 | Result Date: Nov. 2, 2016 | Filing Date: Jan. 1, 1900 |

Case number: RG15776637 Settlement –  $3,000

Court

Alameda Superior


Attorneys

Plaintiff

Laralei S. Paras
(Seven Hills LLP)


Defendant

Peter W. McGaw
(Buchalter)


Facts

Laurence Vinocur filed a complaint The Scott Fetzer C. and Wayne/Scott Fetzer Co. pursuant to Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, sold, or otherwise made available in California vinyl/PVC tubing that contain DEHP, a chemical known in the state to cause birth defects and other reproductive harm, without providing the requisite Prop. 65 exposure warning.

DEFENDANT'S CONTENTIONS:
Defendant maintained it was in compliance with all laws at all times.

Result

The parties entered into a consent agreement providing both injunctive and monetary relief. As part of the agreement, Wayne/Scott agreed to make available only reformulated products and provide the Prop. 65 warnings. In addition, Wayne/Scott also agreed to pay $3,000 in civil penalties.


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