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Consumer Law
Consumer Protection
Violation of Proposition 65

Whitney R. Leeman v. Forty Four Group LLC

Published: Dec. 10, 2016 | Result Date: Sep. 30, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CGC-16-549931 Settlement –  $8,000

Court

San Francisco Superior


Attorneys

Plaintiff

Clifford A. Chanler
(The Chanler Group)

Christopher Tuttle
(The Chanler Group)


Defendant

Stephen T. Holzer
(Lewitt, Hackman, Shapiro, Marshall & Harlan)


Facts

Whitney Leeman sued Forty Four Group LLC pursuant to Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, sold, or otherwise made available in California headphones with vinyl/PVC components 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

Leeman and Forty Four entered into a consent agreement providing both injunctive and monetary relief. As part of the agreement, Forty Four agreed to make available only reformulated products and provide the requisite Prop. 65 warnings. Forty Four also agreed to pay $8,000 in civil penalties.

Other Information

FILING DATE: Jan. 15, 2016.


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