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Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony E. Held v. Tradex International Inc., et al.

Published: Jan. 1, 2016 | Result Date: Oct. 15, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 115cv279642 Settlement –  $8,800

Court

Santa Clara Superior


Attorneys

Plaintiff

Warren M. Klein
(Chanler Group)

Troy C. Bailey
(Voorhees & Bailey LLP)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Eric L. Zalud
(Benesch Friedlander Coplan & Aronoff LLP)


Facts

Anthony Held sued Tradex International Inc. relating to vinyl/PVC gloves.

Contentions

PLAINTIFFS' CONTENTIONS:
Held contended that Tradex International violated Proposition 65 when it failed to warn its customers in California that its gloves contained diisononyl phthalate (DINP).

DEFENDANT'S CONTENTIONS:
Tradex International denied Held's allegations and contended that its products were in compliance with the law.

Result

Pursuant to the consent judgment entered into between the parties. Tradex International agreed to reformulate the products to contain a maximum DINP concentration of 0.1 percent (1,000 parts per million) or put warning labels on non-reformulated products. It will also pay $8,800 in civil penalties, with 75 percent going to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent going to Held. The final civil penalty will be waived if paid by a specified date. Tradex International will also reimburse Held for his attorney fees and costs in the amount of $25,000.

Other Information

FILING DATE: April 20, 2015.


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