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
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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