As You Sow v. Blue Coral, Inc., et al.

Posted: 05/03/1995  browse the case archive

The Marin County Superior court approved and entered the stipulated judgment submitted by Proposition 65 private enforcer and whistleblower, As You Sow, and distributor of automobile cleaning and maintenance products, Blue Coral, Inc. on May 3, 1995. The judgment resolves AYS' allegations made in the September 23, 1994 60-day notice of violation of Proposition 65 and complaint filed commencing a private Proposition 65 enforcement action on December 19, 1994. In the notice of violation and complaint, AYS alleges that Blue Coral sold automotive and household products containing the Proposition 65-listed chemicals toluene, cadmium, methylene chloride, perchloroethylene, silica, bitumens, and creosotes, known to cause cancer, or reproductive harm or birth defects. AYS further alleged that defendants failed to provide their customers and consumers in California with the health hazard warnings regarding the types of harm associated with exposures to the listed chemicals that are required by Proposition 65.

Under the settlement agreement, Blue Coral provided specific health hazard warnings for products sold in California beginning April 1, 1997, as to the types of harm associated with exposures to the listed chemical(s) in the products. In addition, the settlement required Blue Coral to provide warnings to customers that they believed sold or distributed the products for sale in California and instruct them to apply the warnings to any unwarned products remaining in inventory. The agreement also required settlement payments totaling $55,000. The payments included a restitution payment to AYS in the amount of $35,000 that AYS distributed to Unplug, a grassroots non-profit whose mission is to provide noncommercial publications to schools and community groups emphasizing environmental issues, and Natural Resources Defense Council. Blue coral also paid $20,000 in civil penalties, which was divided between the California Office of Health Hazard Assessment ($15,000) and AYS ($5,000). The reasonable attorneys' fees and costs incurred bringing, litigating, and negotiating a settlement of the private enforcement action in the public interest were paid out of the restitution payment required by the settlement.

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