As You Sow v. Plastic Process Equipment, Inc., et al.

Posted: 12/28/1994  browse the case archive

The Marin County Superior Court entered a Judgment according to the terms agreed to in a December 28, 1994, settlement between Proposition 65 Private enforcer and whistleblower, As You Sow, and distributor of chemicals used to manufacture plastics, Plastic Process Equipment, Inc. The February 15, 1995, stipulated judgment resolved pending litigation and AYS's claims alleged in an October 28, 1994, 60-day Notice of Violation that PPE violated Proposition 65 when it failed to warn consumers and other individuals of the health hazards associated with exposures to toluene, trichloroethylene, and perchloroethylene in certain lubricants, protectants, and cleaning chemicals it sold in California. Toluene is listed pursuant to Proposition 65 as a chemical that is known to the state of California to cause reproductive harm or birth defects. Trichloroethylene and perchloroethylene are each listed as known carcinogens under the Act. After no public enforcer chose to prosecute the violations alleged in the whistleblower's Notice of Violation, AYS filed As You Sow v. Plastic Process Equipment, Inc., et al., Case No. CIV162962.

Under the terms of the settlement, PPE was to immediately begin providing specific health hazard warnings regarding the carcinogenic or teratogenic health hazards associated with exposures to the particular listed chemical(s) in the products identified by AYS and covered by the settlement. PPE will also make settlement payments totaling $2,500, including a $375 payment to AYS's Proposition 65 enforcement fund, and the reimbursement of $2,125 for the reasonable attorneys' fees and costs AYS incurred investigating, litigating, and negotiating a settlement of the private enforcement action in the public interest.

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