As You Sow v. Blue Cross Beauty Products, Inc., et al.

On December 2, 1998, the San Francisco Superior Court entered a Stipulation for Entry of Judgment in the matter of As You Sow v. Blue Cross Beauty Products, Inc. et al., Case No. CGC-98-995877. The Consent Judgment resolved AYS's claim that Blue Cross Beauty Products, Inc. sold numerous beauty and cosmetic products containing the Proposition 65-listed chemicals toluene and formaldehyde without providing clear and reasonable exposure warnings.

Under the terms of the settlement reached on November 18, 1998, Blue Cross Beauty Products agreed to take immediate action to remove toluene and formaldehyde from the products identified on AYS's notice of violation, and to provide clear and reasonable exposure warnings for any future products sold that contain chemicals known to the state to cause cancer, reproductive harm or birth defects, and to reimburse AYS for its attorneys' fees and costs. In exchange for the actions taken by Blue Cross Beauty Products, AYS agreed to forego the imposition of statutory penalties available under Proposition 65. Blue Cross Beauty Products paid a total of $40,000, including $25,000 in lieu of civil penalties.