As You Sow v. Easterday Janitorial Supply Co., et al.

Proposition 65 private enforcer and whistleblower, As You Sow, and distributor of janitorial and cleaning products, Easterday Janitorial Supply Company, reached an agreement on May 18, 1995, resolving AYS's allegations that Easterday sold products containing toluene, perchloroethylene, methylene chloride, and paradichlorobenzene without providing the health hazard warnings required by Proposition 65. Toluene is listed pursuant to Proposition 65 as a chemical that is known to cause birth defects or other reproductive harm. Perchloroethylene, methylene chloride, and paradichlorobenzene are all listed as chemicals known to cause cancer.

Between October 28, 1994, and April 5, 1995, AYS served Easterday with four 60-day notices of violation identifying products and chemicals that are subject to the parties' settlement.

The settlement required that Easterday affix specific health hazard warnings on the containers of its cleaning products that contain Proposition 65-listed chemicals. The agreement also required Easterday to pay $12,350 in restitution and costs. AYS allocated the restitution component of the payment to the Video Project, a nonprofit distributor of educational videos on environmental topics. 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. The parties submitted the settlement to the San Francisco Superior Court for approval and entry as judgment (Case No. CGC-95-966614) on June 8, 1995. The court approved and entered the settlement thereafter.