As You Sow v. John C. Dolph Company, et al.

Posted: 06/29/1995  browse the case archive

In a stipulated judgment entered as a judgment by Marin County Superior Court on June 29, 1995 (Case No. 163526), Proposition 65 private enforcer and whistleblower, As You Sow, and coatings manufacturer, John C. Dolph Company, resolved AYS's allegations that Dolph failed to warn consumers and other individuals in California that its enamel paint, varnish, and coating products contain toluene. Toluene is listed pursuant to Proposition 65 as a chemical that is known to the state to cause reproductive harm or birth defects.

Under the terms of the settlement, Dolph immediately provided specific Proposition 65 health hazard warnings on the labels of its products. The warnings referenced toluene and the risks of reproductive harm or birth defects associated with toluene exposures. The settlement also required Dolph to revise the MSDS included with its products to include the warning language required for product labels. The monetary settlement terms included Dolph's payment of $27,500 in civil penalties, allocated between the California Office of Environmental Health Hazard Assessment (75%), and AYS (25%), including a guaranteed payment of $7,500 and a second $20,000 payment, which AYS agreed to waive if the paint manufacturer successfully reformulated its products to be toluene-free by July 31, 1995. Dolph also paid $9,500 to reimburse AYS for the reasonable attorneys' fees and costs incurred investigating, bringing the matter to Dolph's attention, litigating, and negotiating a settlement of the private enforcement action in the public interest.

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