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Consumer Law
Consumer Protection
Violation of Proposition 65

Peter Englander v. Emco Wheaton Retail Corporation, et al.

Published: Dec. 10, 2016 | Result Date: Oct. 17, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 16CV299305 Settlement –  $7,800

Court

Santa Clara Superior


Attorneys

Plaintiff

Clifford A. Chanler
(The Chanler Group)


Defendant

Garth N. Ward
(Lewis, Brisbois, Bisgaard & Smith LLP)


Facts

Peter Englander sued Emco Wheaton Retail Corp. pursuant to Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, sold, or otherwise made available in California vinyl/PVC cover 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 denied the allegations and maintained it was in compliance with all laws at all times.

Result

Englander and Emco entered into a consent agreement providing both injunctive and monetary relief. As part of the agreement, Emco agreed to make available only reformulated products and provide the Prop. 65 warnings. In addition, Emco also agreed to pay $7,800 in civil penalties.

Other Information

FILING DATE: Aug. 29, 2016.


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