As You Sow v. Huntington Laboratories, et al.

Posted: 08/05/1996  browse the case archive

In a Stipulated Judgment entered by the San Francisco County Superior Court on August 5, 1996, whistleblower and Proposition 65 private enforcer, As You Sow, resolved its allegations against Huntington Laboratories, a manufacturer of chemical solvents used for cleaning and paint removal. AYS alleged that Huntington violated Proposition 65 when it failed to warn consumers and other individuals in California that its cleaning chemicals expose users to chemicals that are known to the state to cause cancer.

Under the agreement, Huntington was required to provide health hazard warnings for products sold in California identified by AYS, and to revise the MSDS included with its products to refer to the risk of harm associated with an exposure to any Proposition 65-listed chemicals used in its products. Huntington also made settlement payments totaling $12,500, including a $2,500 payment in lieu of civil penalties to be divided between AYS and the San Francisco Baykeeper, a nonprofit environmental group dedicated to the protection, preservation and enhancement of the San Francisco Bay/Delta ecosystems. The settlement agreement also required Huntington to pay $2,500 in civil penalties to be divided between AYS (25%) and the California Office of Environmental Health Hazard Assessment (75%). Huntington also reimbursed AYS for the attorneys' fees and costs AYS incurred investigating, litigating and negotiating a settlement of the private enforcement action in the public interest.

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