As You Sow v. Emerson & Cuming, Inc., et al.

A Consent Judgment in the As You Sow v. Emerson & Cuming, Inc., et al. matter, heard in the Marin County Superior Court, was entered on January 10, 1996. The Consent Judgment resolved private enforcer As You Sow's allegations that the defendant Emerson & Cuming, Inc. ("Emerson") sold adhesives, encapsulants, coatings and sealants containing toluene, toluene diisocyanate, and/or dichloromethane (methylene chloride) (hereinafter "products") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Emerson agreed not to knowingly sell in California products unless such products contain Health Hazard warning labels as prescribed in the Consent Judgment.

The Consent Judgment required that Emerson pay $6,000 in restitution to As You Sow, which was forwarded by As You Sow to the Rainforest Action Network and the As You Sow Proposition 65 Investigation Fund. Furthermore, the Consent Judgment required settlement payments of $16,000 as compensation to whistleblower As You Sow and their counsel for the successful enforcement of this matter in the public interest.