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Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony E. Held v. Inteplast Group Ltd., et al.

Published: Apr. 16, 2016 | Result Date: Mar. 7, 2016 | Filing Date: Jan. 1, 1900 |

Case number: RG15777038 Settlement –  $35,000

Court

Alameda Superior


Attorneys

Plaintiff

Warren M. Klein
(Chanler Group)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Rebecca L. Woodson
(Dentons US LLP)


Facts

Plaintiff, a private enforcer, sued defendant for allegedly violating Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

Contentions

PLAINTIFF'S CONTENTIONS:
Held contended that Inteplast Group Ltd. sold in California vinyl/PVC gloves containing diisononyl phthalate (DINP), a chemical known to cause cancer, without first providing the required exposure warning in compliance with Proposition 65.

DEFENDANT'S CONTENTIONS:
Inteplast denied Held's allegations and contended that its products were in compliance with the law.

Result

The parties entered into a consent judgment whereby Inteplast would pay $15,000 in civil fines, 75 percent of which would be allocated to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent paid to Held. Additionally, Inteplast agreed to sell only reformulated products containing DINP in concentrations of less than 0.1 percent and to provide warnings on products that did not qualify as reformulated.

Other Information

FILING DATE: July 8, 2015.


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