Facts

The Consumer Advocacy Group, a nonprofit, sued The LaMotte Chemical Products Company alleging that defendant had manufactured two consumer products for water testing that were in violation of the Safe Drinking Water and Toxic Enforcement Act of 1986, or Proposition 65. The products in question, LaMotte Thorium Nitrate Solution and LaMotte Phenolphthalein Indicator Solution, contained the carcinogens Radionuclides and Phenolphthalein, respectively.

Later, documentation regarding LaMotte's Phenolphthalein Indicator Solution revealed that the product label contained Proposition 65-compliant warnings since the date required by Proposition 65.

PLAINTIFF'S CONTENTIONS:
The nonprofit claimed that LaMotte failed to clearly and adequately warn of exposure to the carcinogens.

DEFENDANT'S CONTENTIONS:
LaMotte claimed that the use of the Thorium Nitrate Solution would not cause an exposure, and that the level of carcinogen in the Thorium Nitrate Solution was so low as to not require a warning.

Damages

The nonprofit sought injunctive relief and civil penalties.

Result

The parties entered into a consent decree for $25,000 structured as follows: $500 in place of civil penalties and $24,500 for the nonprofit's costs and attorney's fees. LaMotte also agreed not to directly sell Thorium Nitrate Solution in California, and to provide warnings on the solution for sale elsewhere.