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Consumer Law
Consumer Protection
Violation of Proposition 65

Mark Moorberg v. Bentex Group Inc., et al.

Published: Dec. 25, 2015 | Result Date: Nov. 24, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CIV1503939 Settlement –  $14,000

Court

Marin Superior


Attorneys

Plaintiff

Warren M. Klein
(Chanler Group)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Michael S. Hassan


Facts

Mark Moorberg sued Bentex Group Inc., for alleged violations of Proposition 65

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, imported, sold, or otherwise distributed tumblers with designs that contained lead, a chemical known in the state to cause birth defects and other reproductive harm, without the requisite Proposition 65 warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and maintained compliance with all laws at all times.

Result

The parties entered into a consent agreement providing both injunctive and monetary relief. As part of the agreement, Bentex agreed to make available only reformulated products and pay $14,000 in civil penalties. Bentex also agreed to pay $31,000 in attorney fees.

Other Information

FILING DATE: Oct. 28, 2015.


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