As You Sow v. Hexcel Corporation, et al.

In a stipulated judgment submitted to the Alameda County Superior Court on July 9, 1995 (Case No. 748827-2), for approval and entry as a judgment, Proposition 65 private enforcer and whistleblower, As You Sow, and manufacturer of resins, composites, and other specialty products, Hexcel Corporation, resolved AYS's allegation that Hexcel violated Proposition 65 when it failed to warn consumers and other individuals in California of the health hazards associated with exposures to toluene, benzene, and crystalline silica, and other Proposition 65-listed chemicals contained in the resins, composites, and other specialty products manufactured, distributed, and sold by Hexcel. The chemicals identified by AYS in their notices to Hexcel are listed pursuant to Proposition 65 as chemicals that are known to the state to cause cancer, reproductive harm, and/or birth defects.

Under the terms of the settlement, Hexcel provided specific Proposition 65 health hazard warnings on the labels of its products. The warnings include reference to the type of harm associated with exposures to the particular Proposition 65-listed chemicals in the product. The settlement also required Hexcel to revise the MSDS included with its products to include the warning language required for product labels. The monetary settlement terms include a $4,500 payment to AYS. AYS donated the restitution component of the settlement payment to Citizens for a Better Environment, a California nonprofit organization dedicated to reducing pollution and creating a sustainable environment in urban areas. The cost component of the settlement reimbursed AYS and its counsel for the reasonable attorneys' fees and costs incurred investigating, bringing the matter to Hexcel's attention, litigating, and negotiating a settlement of the private enforcement action in the public interest.