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Consumer Law
Consumer Protection
Violation of Proposition 65

Russell Brimer v. Standard Motor Products Inc., et al.

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

Case number: 115CV281919 Settlement –  $37,500

Court

Santa Clara Superior


Attorneys

Plaintiff

Brian C. Johnson
(Tyson & Mendes LLP)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Carmine J. Broccole


Facts

Russell Brimer sued Standard Motor Products Inc., for alleged violations of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, imported, sold, or otherwise distributed booster cable clamps with vinyl/PVC grips 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, Standard Motor Products agreed to make available only reformulated products and provide the requisite warnings as well as pay $9,000 in civil penalties. Standard Motor Products also agreed to pay $28,500 in attorney fees and costs.

Other Information

FILING DATE: June 15, 2015.


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