Whitney R. Leeman v. CW International Sales LLC, Crystalware Int'l LLC, and Does 1 to 150, inclusive
Published: Nov. 5, 2016 | Result Date: Sep. 12, 2016 | Filing Date: Jan. 1, 1900 |Case number: CGC-16-551059 Settlement – $34,000
Court
San Francisco Superior
Attorneys
Plaintiff
Clifford A. Chanler
(The Chanler Group)
Christopher F. Tuttle
(The Chanler Group)
Defendant
Carol R. Brophy
(Steptoe LLP)
Facts
Plaintiff filed a complaint against defendant for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants manufactured, imported, sold, or distributed for sale in California vinyl/PVC gloves that contained the toxic chemical di(2-ethylhexyl)phthalate (DEHP) without the requisite Proposition 65 health warnings.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and contended that their products were in compliance with the law.
Result
Pursuant to the settlement reached between the parties, defendants will only manufacture, distribute, purchase for sale, or sell in California products that have been reformulated to contain less than 0.1 percent DEHP. Defendants will also pay $3,100 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. Additionally, defendants will reimburse plaintiff $30,900 for her attorney fees and costs.
Other Information
FILING DATE: March 22, 2016.
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