As You Sow v. Christian Dior Perfumes, Inc., et al.

Posted: 05/06/1993  browse the case archive

Proposition 65 private enforcer and whistleblower, As You Sow, and fragrance and cosmetics manufacturer, Christian Dior Perfumes, Inc. ("Dior"), entered an agreement resolving AYS's 60-Day Notice of Violation of Proposition 65 to Dior as well as pending litigation that commenced on May 6, 1993 in As You Sow v. Orly International, Inc. et al., San Francisco Superior Court Case No. CGC-93-950766. The July 22, 1993, settlement resolved AYS's allegation that Dior sold nail enamels containing the Proposition 65-listed chemical toluene without providing the consumer health hazard warning required by the Act. Toluene is listed pursuant to Proposition 65 as a chemical that is known to cause reproductive harm or birth defects.

Under the terms of the settlement, Dior agreed to reformulate its nail polish lines to be toluene-free by December 31, 1993, and to provide specific health hazard warnings requested by AYS in the interim. Failure to complete reformulation of the products to be toluene-free in the time required by the agreement would subject Dior to a $5,000 liquidated penalty payment. However, in exchange for the fragrance manufacturer's commitment to only offer toluene-free products in the future, AYS agreed to forego the imposition of otherwise-available statutory penalties. The settlement requires Dior to reimburse AYS $16,000 for the reasonable attorneys' fees and investigation costs incurred bringing the private enforcement action and negotiating a settlement of the matter in the public interest.

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