As You Sow v. Diagraph Corporation, et al.

Posted: 10/28/1994  browse the case archive

In a stipulated judgment agreed to by the parties and entered by Marin County Superior Court on April 6, 1995, Proposition 65 whistleblower and private enforcer, As You Sow, and ink and marking products manufacturer, Diagraph Corporation, reached a resolution of the claims alleged in AYS' October 28, 1994, 60-day notice of violation of Proposition 65 to Diagraph, and the subsequent private enforcement action filed on March 21, 1995. AYS' claims related to the unwarned sales of ink and marking products containing the Proposition 65-listed chemical, toluene. 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, Diagraph immediately began providing Proposition 65 health hazard warnings and revising the MSDS included with products identified by AYS and covered by the settlement to include reference to teratogenic effects of the listed chemical contained in the products. In addition, the stipulated judgment required that Diagraph make settlement payments totaling $3,714, including a $2,550 restitution payment to AYS, and an $800 civil penalty payment that was divided between the California Office of Environmental Health Hazard Assessment ($600) and AYS ($200). AYS' reasonable attorneys' fees and costs incurred investigating and negotiating a settlement of the private enforcement action in the public interest was paid out of the $2,550 payment from Diagraph.

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