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Consumer Law
Consumer Protection
Violation of Proposition 65

John Moore v. Dynamic Brands LLC, and Does 1 through 150 inclusive

Published: Dec. 25, 2015 | Result Date: Sep. 29, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CGC-15-546515 Settlement –  $42,500

Court

San Francisco Superior


Attorneys

Plaintiff

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Karen F. Lederer


Facts

John Moore sued Dynamic Brands LLC, for alleged violations of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, imported, sold, or otherwise distributed golf bag travel covers with vinyl/PVC handles containing DEHP, 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, Dynamic Brands agreed to make available reformulated products or provide the requisite warnings as well as pay $14,000 in civil penalties. Dynamic Brands also agreed to pay $28,500 in attorney fees and costs.

Other Information

FILING DATE: June 23, 2015.


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