As You Sow v. Recochem Industries, Inc., et al.

On March 7, 1996, a Stipulated Judgment entered by the San Francisco Superior Court in the matter of As You Sow v. Recochem Industries, Inc., et al., Case No. CGC-95-974391, settled Proposition 65 private enforcer and whistleblower AYS's allegations that solvent manufacturer Recochem violated Proposition 65 by selling paint and varnish removal products containing toluene and chlorinated solvents in California without providing the health hazard warning required by Proposition 65.

Under the agreement, Recochem will provide consumers in California with clear and reasonable warnings regarding the risks of cancer, reproductive harm, or birth defects caused by toluene and chlorinated solvents. In addition to the prospective relief in the form of health hazard warnings, the settlement also memorializes actions taken by Recochem to notify its customers in California of the alleged violations and to apply the warnings requested by AYS to any of the identified solvents remaining in inventory. Pursuant to the settlement terms, Recochem paid a total of $10,000, including $6,500 in civil penalties paid on or before December 31, 1996. AYS agreed that the penalty payment would be waived, however, if Recochem provided AYS with written certification by the end of the year that it had successfully removed lead napthenate from its linseed oil product. Recochem reimbursed AYS for the fees and costs incurred investigating, litigating, and negotiating a settlement of the private enforcement action in the public interest in the amount of $3,500.