As You Sow v. Monsanto Company, et al.

A Stipulated Judgment entered by the San Francisco Superior Court in As You Sow v. Monsanto Company, et al., Case No. CGC-96-975872, on February 29, 1996, concluded litigation between private Proposition 65 enforcer and whistleblower As You Sow and chemical manufacturer Monsanto Company. The settlement resolved AYS's claims that Monsanto sold certain adhesives comprised of multi-polymer resin solutions containing toluene and benzene in the State of California in violation of Proposition 65 warning requirements.

Toluene and benzene are listed pursuant to Proposition 65 as chemicals known to the state to cause cancer and reproductive harm or birth defects. In response to AYS's enforcement efforts, Monsanto implemented Proposition 65 warnings for its products and revised the MSDS provided with the adhesives to include reference to the types of harm caused by toluene and benzene exposures, and will continue to do so. The settlement payments required by the judgment totaled as much as $77,500, including a $12,500 payment in lieu of civil penalties to AYS, who transmitted the funds to Video Project, a nonprofit organization that distributes environmental education videos to schools. The settlement also included a $50,000 civil penalty payment which AYS may waive if Monsanto provides AYS with written certification that $100,000 of its 1996 and 1997 operating budgets will be allocated to research to develop methods to replace toluene-based adhesives with water-based products. In addition, Monsanto will reimburse AYS for the reasonable attorneys' fees and costs.