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Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony E. Held v. Kimberly-Clark Corporation, et al.

Published: Jan. 1, 2016 | Result Date: Sep. 10, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CIV1502667 Settlement –  $3,500

Court

Marin Superior


Attorneys

Plaintiff

Warren M. Klein
(Chanler Group)

Troy C. Bailey
(Voorhees & Bailey LLP)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Judith M. Praitis
(Sidley Austin LLP)


Facts

Anthony Held sued Kimberly-Clark Corp. relating to vinyl/PVC gloves.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, imported, sold, or otherwise distributed vinyl/PVC gloves containing "DINP," a chemical known in the state to cause cancer, 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, Kimberly-Clark agreed to make available only reformulated products and provide the requisite warnings as well as pay $3,500 in civil penalties. Kimberly-Clark also agreed to pay $23,500 in attorney fees and costs.

Other Information

FILING DATE: July 20, 2015.


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