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Consumer Law
Consumer Protection
Violation of Proposition 65

Paul Wozniak v. Columbian Home Products LLC, and Does 1 through 150, inclusive

Published: Jan. 24, 2015 | Result Date: Nov. 26, 2014 | Filing Date: Jan. 1, 1900 |

Case number: RG14740412 Settlement –  $41,000

Court

Alameda Superior


Attorneys

Plaintiff

Stephen E. Cohen

Christopher M. Martin
(The Chanler Group)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Barbara R. Adams
(Clark Hill LLP)


Facts

Paul Wozniak filed a lawsuit against Columbian Home Products LLC.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant sold certain vinyl/PVC canning tool grips containing di(2-ethylhexyl) phthalate, or DEHP, without providing a warning, as required by Proposition 65, that DEHP is known to cause birth defects when exposure surpasses certain limits.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations of plaintiff's claims, and argued that the products it sold complied with all relevant laws.

Result

The parties settled the case and agreed to a consent judgment. Defendant agreed to only manufacture and sell products that contained less than 0.1 percent DEHP in each component of a product that could be touched by a person during normal use. Defendant also agreed to pay $10,000 in civil penalties, with the final $6,000 to be waived if defendant certified its products met the agreed upon standards by March 1, 2015. Defendant also agreed to pay $31,000 in fees and costs.


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