This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Violation of Proposition 65

John Moore v. Dezine News Inc., et al.

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

Case number: RG15778467 Settlement –  $76,900

Court

Alameda Superior


Attorneys

Plaintiff

Christopher F. Tuttle
(The Chanler Group)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Ivan J. Tether
(Tether Law)


Facts

John Moore sued Dezine News Inc., for alleged violations of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, imported, sold, or otherwise distributed vinyl/PVC belts 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, Dezine agreed to make available only reformulated products and pay $33,200 in civil penalties. Dezine also agreed to pay $43,700 in attorney fees and costs.

Other Information

FILING DATE: July 20, 2015.


#98271

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390