As You Sow v. Lenmar, Inc., et al.

Posted: 04/10/1996  browse the case archive

An April 10, 1996 Stipulated Settlement reached between private Proposition 65 enforcer and whistleblower, As You Sow, and paint and paint products manufacturer, Lenmar, Inc., was approved and entered as a judgment by the San Francisco Superior Court (Case No. CGC-95-973496). The settlement and judgment concluded the pending action and resolved allegations AYS made in a December 9, 1994, 60-day notice of violation claiming that Lenmar violated Proposition 65 when it sold certain acrylics, lacquers, thinners and other paint products containing chemicals known to cause cancer, reproductive harm, or birth defects, including di(2-ethylhexyl)phthalate (DEHP), toluene, methylene chloride, and lead.

The settlement terms required Lenmar to immediately provide specific labels for the products going forward to inform consumers in California of the health hazards associated with exposures to the listed chemicals contained in the products. The settlement further required Lenmar to provide customers in California with warning stickers to be placed on any existing inventory of products shipped prior to the settlement that may remain in stock. Under the terms of the agreement, Lenmar made settlement payments totaling $23,600, including $2,500 in civil penalties to be divided between the California Office of Health Hazard Assessment (75%) and AYS (25%) and $2,500 to AYS in lieu of civil penalties. Lenmar also reimbursed AYS's investigation and attorneys' fees.

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