Facts

Russell Brimer filed a lawsuit against Allure Eyewear LLC.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant sold certain eyeglass cases with vinyl/PVC material that contained di(2-ethylhexyl)phthalate, or DEHP. Plaintiff further alleged that such eyeglass cases caused exposure to DEHP and the such eyeglass cases failed to contain the warnings required by Proposition 65 that DEHP was known to cause birth defects or reproductive harm.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations of plaintiff's claims and argued that the complained of eyeglass cases complied with all relevant laws.

Result

The parties settled the case and agreed to a consent judgment. Defendant agreed to manufacture and sell products that contained 0.1 percent or less of DEHP. In the alternative, defendant agreed to affix certain warning labels to its products. Defendant also agreed to a civil penalty of $10,000, with additional penalties due if defendant fails to provide certain certifications by specific dates. Defendant also agreed to pay $45,000 in fees and costs.