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Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony E. Held v. Alltrade Tools LLC, and Does 1 through 150, inclusive

Published: Jan. 24, 2015 | Result Date: Dec. 3, 2014 | Filing Date: Jan. 1, 1900 |

Case number: RG14736144 Settlement –  $49,500

Court

Alameda Superior


Attorneys

Plaintiff

Christopher M. Martin
(The Chanler Group)

Stephen E. Cohen

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

David J. Pitman


Facts

Anthony Held filed a lawsuit against Alltrade Tools LLC.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant sold certain stools with vinyl/PVC upholstery that contained di(2-ethylhexyl)phthalate, or DEHP, without the warnings required by Proposition 65 that exposure to DEHP at certain levels was known to cause birth defects or reproductive harm. Plaintiff alleged that the stools that failed to contain the warning included the Snap-on Shop Stool.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations of plaintiff's claims.

Result

The parties settled the case and agreed to a consent judgment. Defendant agreed to manufacture and sell products that contained 1,000 parts per million DEHP or less in any component that can be touched by a person during normal use. In the alternative, defendant agreed to affix certain warning labels to its products. Defendant also agreed to a civil penalty of $14,000, with $9,500 of such penalty to be waived if defendant provided certification that it products met the agreed upon standards by April 1, 2015. Defendant also agreed to pay $35,500 in fees and costs.


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