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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