As You Sow v. Revlon, Inc., et al.

On July 22, 1993, Proposition 65 private enforcer and whistleblower As You Sow and cosmetics manufacturer Maybelline, Inc. entered an agreement resolving AYS's 60-Day Notice of Violation of Proposition 65 to Maybelline as well as pending litigation between the parties (As You Sow v. Revlon, Inc. et al., San Francisco Superior Court Case, No.CGC-93- 950766). The settlement resolved AYS's allegation that Maybelline sold nail enamels containing the Proposition 65-listed chemical toluene without providing the consumer health hazard warning required by the Act. Toluene is listed pursuant to Proposition 65 as a chemical that is known to cause reproductive harm or birth defects.

Under the settlement agreement, AYS obtained a commitment from Maybelline to reformulate its nail enamel products to be toluene-free prior to sale in California. The settlement covered four product lines identified by AYS and sold by the cosmetics manufacturer in California. The parties' agreement required Maybelline to reimburse AYS $16,000 for the reasonable attorneys' fees and investigation costs incurred bringing the private enforcement action and negotiating a settlement in the public interest.