As You Sow v. Curtis Industries, Inc., et al.

On August 11, 1995, the San Francisco Superior Court entered the stipulated judgment submitted by Proposition 65 private enforcer and whistleblower, As You Sow, and distributors of paints, adhesives, sealants and other chemical products, Curtis Industries, Inc. and Fullwell Products (Case No. 969175). The judgment resolved AYS's allegations that Curtis and Fullwell sold paints, coatings, adhesives, solvents and other products containing the Proposition 65-listed chemicals toluene, methylene chloride, and perchloroethylene. Toluene is listed pursuant to Proposition 65 as a chemical that is known to cause birth defects or other reproductive harm. Methylene chloride and perchloroethylene are each listed under the Act as a chemical that is known to cause cancer. AYS alleged that the defendants violated Proposition 65 when they failed to provide their customers and consumers in California with health hazard warnings regarding the types of harm associated with exposures to the listed chemicals present in their products.

Under the settlement agreement Curtis and Fullwell provided specific health hazard warnings for products sold in California after July 1, 1995, to inform individuals of the types of harm associated with exposures to the particular listed chemical(s) in their products. In addition, the settlement required Curtis and Fullwell to revise the MSDS included with each product to include the warning language required for product labels. The agreement also required Curtis and Fullwell to pay AYS $13,000. The settlement payment includes restitution and costs components. AYS allocated the restitution component of the payment to three California nonprofit organizations, the Rose Foundation, Bike Aid, and the AYS Proposition 65 Fund. The cost component of the settlement was used to reimburse AYS for the reasonable attorneys' fees and costs incurred bringing, litigating, and negotiating a settlement of the private enforcement action in the public interest.