As You Sow v. Orly International, Inc., et al.

Proposition 65 private enforcer and whistleblower, As You Sow, and Tevco, Inc., supplier of nail enamel and care products in bulk quantity (5, 30, and 55 gallon containers) to cosmetic and salon service industry members, entered an agreement resolving litigation commenced on April 5, 1993, in the consolidated action, As You Sow v. Orly International, Inc., et al., Case No. 950766. AYS alleged that Tevco violated Proposition 65 when it sold nail products containing toluene without providing the health hazard warning required by the Act. Toluene is listed pursuant to Proposition 65 as a chemical that is known to cause birth defects or other reproductive harm.

The settlement reached by the parties, entered as a Judgment in the San Francisco Superior Court, required Tevco to immediately reformulate its products or provide specific health hazard warnings regarding the reproductive toxicity of toluene exposures prior to sale in California. In addition, the settlement required Tevco to provide written notice to its customers of the presence of toluene in products shipped prior to the parties' settlement and request that they apply appropriate health hazard warnings prior to sale in California. The settlement also required Tevco to reimburse AYS $80,000 for the investigation and attorneys' fees incurred in investigating and negotiating a settlement of the private enforcement action in the public interest.