As You Sow v. Restek Corporation, et al.

On June 22, 1995, Proposition 65 private enforcer and whistleblower, As You Sow, and manufacturer of chromatography products, Restek Corporation, submitted their May 18, 1995, settlement to the San Francisco Superior Court for approval and entry as a judgment. The settlement resolved pending litigation between AYS and Restek; AYS alleged that Restek violated Proposition 65 when it failed to warn consumers and other individuals in California of the health hazards associated with exposures to p-dichloromethane, n-nitrosodi-n-proplylamine, methylene chloride, 2-4-6 trichlorophenol, and other Proposition 65 chemicals contained in Restek's products. The chemicals identified by AYS are listed pursuant to Proposition 65 as chemicals that are known to the state to cause cancer, reproductive harm, or birth defects. On April 21, 1995, after no public enforcer commenced an action to prosecute the violations alleged in the whistleblower's January 9, 1995, 60-day notice of violation, AYS filed a private enforcement action, As You Sow v. Restek Corporation, et al., San Francisco Superior Court Case No. 968992.

Under the terms of the settlement, Restek immediately began providing specific health hazard warnings regarding the carcinogenic or teratogenic health hazards associated with exposures to the particular listed chemicals on the labels of its products, and revised the MSDS that accompanied each product to include the same information. The agreement required Restek to make a $5,000 settlement payment that included both restitution and costs. AYS allocated the restitution component of the payment to Unplug, a nonprofit organization dedicated to educating school children about environmental issues. The cost component of the settlement reimbursed AYS for the reasonable attorneys' fees and costs incurred bringing, litigating, and negotiating a settlement of the private enforcement action in the public interest.