As You Sow v. Hysan Corporation, et al.

Posted: 02/23/1996  browse the case archive

On February 23, 1996, the San Mateo Superior Court entered a Stipulated Judgment according to the terms of the settlement agreed to by Proposition 65 private enforcer and whistleblower As You Sow and industrial chemical manufacturer Hysan Corporation. The settlement and judgment resolved AYS's allegations that Hysan sold certain products, including solvents used in industrial products designed to loosen bolts and remove spray paint, that contained and exposed individuals to Proposition 65-listed chemicals that are known to the State of California to cause cancer, reproductive harm, or birth defects.

Under the terms of the parties' settlement, Hysan provided specific health hazard warnings for all future California sales of the products identified by AYS. Hysan also provided its customers in California with health hazard warnings to be applied to any remaining inventory of products sold prior to the settlement. The settlement payments required by the agreement total $9,000, including a $2,100 payment to AYS that will be donated to the Committee to Bridge the Gap, a nonprofit environmental organization devoted to challenging the development of a nuclear waste storage site within the state, as well as reimbursement for the investigation and legal fees incurred by AYS in the litigation and other enforcement-related activity required by the action.

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