Environmental Defense Fund v. Tru-Test Manufacturing Co.

In the enforcement action Environmental Defense Fund v. Tru-Test Manufacturing Co., the Honorable Stuart R. Pollak of the San Francisco County Superior Court entered a Consent Judgment on March 27, 1992.  In this matter, the not-for-profit organization Environmental Defense Fund (“EDF”), represented by Cliff Chanler, alleged that the defendant Tru-Test Manufacturing Co. (“Tru-Test”) sold paint strippers and adhesive removers containing methylene chloride in California without providing the requisite health hazard warnings.

As part of the settlement, Tru-Test agreed not to sell any of the paint strippers or adhesive removers listed in Exhibit A to the Consent Judgment in California after April 1, 1992.  Additionally, Tru-Test agreed to provide written certification that all of the paint strippers or adhesive removers sold in California after April 1, 1992 shall not contain methylene chloride.  To ensure that Proposition 65 warning materials are provided for the paint remover products containing methylene chloride that are currently for sale in California, Tru-Test agreed to send warning materials to all of its California retailers.  

The Consent Judgment requires a settlement payment of $38,500, which is divided between investigation costs and EDF and its counsel for their successful enforcement of this matter in the public interest.