AG, Private Plaintiff Clash Over DEHP Baby Bibs– by Dennis Pfaff at Prop. 65 Clearinghouse

Posted: 10/01/2008  browse the blog archive

Excerpted from the full length article in Prop. 65 Clearing House:

The chemical DEHP has sparked a new bit of friction between Attorney General Jerry Brown and a private Proposition 65 plaintiff who has been targeting companies allegedly exposing children to the substance.

As outlined in a series of documents filed in Alameda Superior Court, Brown’s office has launched its own DEHP litigation, People v. Gerber Childrenswear Inc., against manufacturers of baby bibs that allegedly contain the chemical, a phthalate placed on the Proposition 65 list as a developmental hazard in 2003. Brown sued in March after plaintiff Anthony E. Held sent 60-day notices to the companies beginning in October 2007.

After that came a flurry of procedural actions including a motion by Held to intervene in the Brown lawsuit. Although opposed by Brown, Judge Robert Freedman in May granted Held’s motion to intervene but only for the limited purpose of “seeking his reasonable investigative costs and attorney fees” and to comment on any proposed consent judgment regarding those issues.

Held, represented by veteran Proposition 65 plaintiff firm Hirst & Chanler, in May filed his complaint in intervention, later amending it in July. In his most recent filing, he claimed he had a right to intervene because of his interest in the “property” involved in the litigation, including the ability to seek costs and fees. Held also argued that he had a “direct interest in the subject matter” of the lawsuit, and cited the “financial commitment” he had made to the case prior to the attorney general stepping in. Finally, Held asked Freedman to grant his “reasonable investigative costs, attorney fees and costs of suit.” He also asked to be able to comment on any the provisions of any settlement between Brown and the companies that addressed Held’s fees and costs or “other aspects of a settlement.” link to source.