As You Sow v. Midco Products Co., Inc., et al.

The San Francisco Superior Court entered a Stipulated Judgment according to the terms of the settlement reached between nonprofit whistleblower and Proposition 65 private enforcer As You Sow and aerosol products manufacturer Midco Products Company, Inc. The March 26, 1996 judgment (Case No. CGC-95-972689) concluded litigation between the parties and resolved allegations AYS made in a June 12, 1995 60-Day Notice of Violation that Midco violated Proposition 65 when it sold certain aerosol spray products, including lubricants, solvents, and adhesives, that contain chemicals known to cause cancer, reproductive harm, or birth defects without providing consumers in California with a clear and reasonable health hazard warning.

Midco was required by the settlement to provide specific health hazard warnings for more than 35 products containing a variety of Proposition 65-listed chemicals known to cause cancer and/or reproductive harm, and to provide customers with remaining inventory of products shipped prior to the settlement with the required warnings. In addition, Midco revised the MSDS included with products containing Proposition 65-listed chemicals to include the warning information required by Proposition 65. Midco agreed to pay $11,500 in settlement payments, including a $2,500 statutory penalty, 75% of which was paid to the California Office of Environmental Health Hazard Assessment and 25% of which was retained by AYS. The settlement also required Midco to make a $2,500 payment in lieu of further civil penalties to AYS to continue its investigation and research into consumer products, like the aerosol sprays at issue, that contain toxic or harmful chemicals, and to reimburse the attorneys' fees and costs incurred by AYS.