As You Sow v. Baxter Healthcare Corporation, et al.

Posted: 01/15/1997  browse the case archive

On January 15, 1997, the San Francisco Superior Court entered the Stipulated Judgment submitted by Proposition 65 private enforcer and whistleblower As You Sow ("AYS") and defendants Baxter Healthcare Corporation, Allegiance Healthcare Corporation, Dade International, Inc., and Burdick and Jackson, Inc. The settlement resolves AYS's allegations that the defendants sold more than 50 medical products containing Proposition 65-listed chemicals including, but not limited to, acrylonitrile, chloroform, hexane, benzene methylene, toluene, silica, and 2-methoxyethanol, that are known to cause cancer and/or reproductive harm and birth defects. AYS further alleged that defendants failed to provide their customers and individuals in California with the appropriate health hazard warnings regarding the types of harm associated with exposures to the listed chemicals as required by Proposition 65.

Under the settlement, defendants were required to provide specific health hazard warnings for products sold in California beginning April 1, 1997. In addition, the settlement required defendants to provide warnings to customers that they believe sell or distribute the products for sale in California and instruct them to apply the warnings to any unwarned products remaining in inventory prior to sale or shipment into California. Defendants were also required to revise the MSDS's distributed with the products to include the health hazard warning text required on the product labels. The defendants made settlement payments totaling $60,250, including a payment in lieu of civil penalties to AYS in the amount of $20,000 that AYS will distribute to California nonprofits working to reduce exposures to toxic chemicals, and increase consumer, worker and community awareness of health hazards posed by exposures to toxic chemicals. Payments also include $12,000 in civil penalties to be paid to the California Office of Health Hazard Assessment ($8,000) and AYS ($4,000). Defendants will also reimburse AYS for its reasonable attorneys' fees and costs incurred bringing, litigating, and negotiating a settlement of the private enforcement action in the public interest.

Download PDF

It appears your Web browser is not configured to display PDF files. No worries, just click here to download the PDF file.