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

Anthony E. Held v. Hot Properties! Merchandising Inc., et al.

Published: Jan. 1, 2016 | Result Date: Sep. 9, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 114CV273788 Settlement –  $27,100

Court

Santa Clara Superior


Attorneys

Plaintiff

Christopher Tuttle
(The Chanler Group)


Defendant

William F. Tarantino
(Morrison & Foerster LLP)


Facts

Anthony Held sued Hot Properties! Merchandising Inc. and others, for alleged violations of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendants allegedly manufactured, imported, sold, or otherwise distributed vinyl/PVC cards and charms containing DEHP without the requisite Proposition 65 warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and maintained compliance with all laws at all times.

Result

Held and Hot Properties entered into a consent agreement providing both injunctive and monetary relief. As part of the agreement, Hot Properties agreed to make available only reformulated products and pay $4,000 in civil penalties. Hot Properties also agreed to pay $23,100 in attorney fees and costs.

Other Information

FILING DATE: Nov. 25, 2014.


#98279

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

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