As You Sow v. Advanced Packaging & Products Company, et al.

On July 10, 1995, the Marin County Superior Court approved the settlement reached between Proposition 65 Private enforcer and whistleblower, As You Sow, and solvents and coatings manufacturer, Advanced Packaging & Products Company d/b/a PJH Brands. The June 19, 1995, settlement resolved AYS's allegation that APP violated Proposition 65 when it sold certain paints, coatings and solvents containing toluene, methylene chloride, chromium (hexavalent compounds), selenium sulfide, and cadmium without warning individuals in California of the health hazards associated with exposures to these chemicals. Toluene, methylene chloride, chromium (hexavalent compounds), selenium sulfide, and cadmium are listed pursuant to Proposition 65 as chemicals that are known to cause cancer, reproductive harm and birth defects. On March 29, 1995, after no public enforcer elected to prosecute the violations alleged in the whistleblower's September 23, 1994, 60-day notice of violation, AYS filed the private enforcement action, As You Sow v. Advanced Packaging & Products Company, et al., Marin County Superior Court Case No. 162539.

Under the terms of the settlement, APP provided specific health hazard warnings on the labels of its products regarding the carcinogenic or teratogenic health hazards associated with exposures to the particular Proposition 65-listed chemical(s) in the product. APP also provided health hazard warning stickers to be applied to any products in inventory that do not bear a warning prior to sale in California. The agreement required APP to pay $22,000 to AYS, including a $17,000 payment for restitution and costs. AYS allocated the restitution component of the payment to Rainforest Action Network, a nonprofit dedicated to the preservation of the world's rainforests. The cost component of the settlement reimbursed AYS for the reasonable attorneys' fees and costs incurred bringing, litigating, and negotiating a settlement of the private enforcement action in the public interest. The AYS-APP settlement also provided for a payment of $5,000 in civil penalties to be allocated between the California Office of Environmental Health Hazard Assessment ($3,750), and AYS ($1,250).