As You Sow v. Eclectic Products, Inc., et al.

On July 28, 1995, Proposition 65 private enforcer and whistleblower, As You Sow, and adhesives manufacturer, Eclectic Products, Inc., resolved AYS's allegations that Eclectic sold adhesives containing perchloroethylene without providing a health hazard warning in violation of Proposition 65. Perchloroethylene is listed pursuant to Proposition 65 as a chemical that is known to cause cancer. The settlement required Eclectic to affix specific health hazard warnings to the labels of four products identified by AYS. The settlement also requires that Eclectic revise the MSDS included with the products to include the warning language required for product labels.

Under the agreement, Eclectic Products paid $1,750. The payment included a restitution payment which AYS will donate to the Data Center, a California nonprofit clearinghouse. The cost component of the payment 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 Alameda County Superior Court (Case No. CGC-95-971350) for approval and entry, and on October 18, 1995, the court entered judgment according to the terms of the settlement.