As You Sow v. Dymon, Inc., et al.

In a stipulated judgment agreed to by the parties on June 21, 1995, and entered as a judgment by Marin County Superior Court on June 28, 1995 (Case No. 164440), Proposition 65 private enforcer and whistleblower, As You Sow, and manufacturer of cleaning and maintenance products, Dymon, Inc., resolved AYS's allegations that Dymon failed to warn consumers and other individuals in California who were exposed to toluene, methylene chloride, and perchloroethylene from Dymon's products of the health hazards associated with exposures to these Proposition 65 chemicals. Toluene is listed pursuant to Proposition 65 as a chemical that is known to the state to cause reproductive harm or birth defects. Methylene chloride and perchloroethylene are each listed pursuant to Proposition 65 as a chemical that is known to cause cancer.

Under the terms of the settlement, Dymon began providing specific Proposition 65 health hazard warnings requested by AYS on the labels of its products. The settlement also required Dymon to pay AYS $9,500 in costs and restitution. The restitution component of the payment is allocated to the AYS Proposition 65 Enforcement Fund. The cost component of the settlement was used to reimburse AYS for the reasonable attorneys' fees and costs incurred investigating, bringing the matter to Dymon's attention, litigating, and negotiating a settlement of the private enforcement action in the public interest.