As You Sow v. Chemcentral Corporation, Inc., et al.

Posted: 09/01/1996  browse the case archive

On September 1, 1996, the San Francisco Superior Court entered a Stipulated Judgment, resolving private enforcer As You Sow's allegations against the chemical manufacturer Chemcentral Corporation, Inc. AYS alleged that Chemcentral sold chemicals and solvent blends containing the listed chemicals toluene, methylene, perchloroethylene, and trichloroethylene without providing the health hazard warning required by Proposition 65.

As part of the settlement, Chemcentral agreed to provide specific health hazard warnings regarding the types of harm associated with exposures to the chemicals for all products sold or distributed for sale in California. The settlement also required Chemcentral to provide its California customers and distributors with the warnings on adhesive labels to be applied to remaining inventory prior to sale in California. Under the agreement, Chemcentral made settlement payments totaling $170,000, including a $42,000 payment to AYS in lieu of civil penalties, and a $28,000 payment of civil penalties to be divided between AYS (25%) and the California Office of Environmental Health Hazard Assessment (75%). The agreement required a second $70,000 civil penalty payment which AYS agreed to waive if Chemcentral certified within twelve months of the agreement that it implemented a comprehensive employee and public education program regarding the reduction of toxic chemical exposures. The terms of the agreement required Chemcentral to reimburse AYS for the attorneys' fees and costs incurred investigating, litigating, and negotiating a settlement of the action in the public interest.

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