Facts

Defendants Kaufman, Levine and Partners (KLP) and Products of American Creative Enterprises (PACE) manufactured and sold book bags to consumers. Plaintiff As You Sow, a non-profit environment and consumer safety group, brought suit alleging the bags contained toxic materials in violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the defendants manufactured and sold book bags that contained carcinogens DEHP and lead, without clear and reasonable warning to consumers.

Damages

The plaintiff sought injunctive relief and civil penalties.

Result

The parties entered into a consent judgment. Defendants agreed to provide replacement book bags to school districts that had already purchased the bags, and to reformulate the bags so that they are free of lead or DEHP in excess of regulatory standards. Warnings are to be placed on the bags that will inform consumers of the toxicity of the products, the health risks involved, and for any future sales of bags that have not been reformulated. Defendant PACE paid $62,500 and defendant KLP paid $22,500, for a total of $85,000.