As You Sow v. R.J. McGlennon Company, Inc.

In a stipulated judgment entered as a judgment by Marin County Superior Court on July 12, 1995 (Case No. 162032), Proposition 65 private enforcer and whistleblower, As You Sow, and paint products manufacturer, R.J. McGlennon Company, Inc., resolved AYS's allegations that RJM failed to warn consumers and other individuals in California that RJM's products contained toluene. Toluene is listed pursuant to Proposition 65 as a chemical that is known to the state to cause reproductive harm or birth defects.

In negotiating the settlement, AYS' attorneys obtained a commitment from RJM to reformulate the products to be toluene-free, as well as free of any other Proposition 65-listed chemicals, by October 1, 1995. Until reformulation was completed, RJM provided consumers in California with interim Proposition 65 health hazard warnings on the labels of its products. RJM also agreed to revise the MSDS included with each product to include the health hazard warning text required for product labels. The AYS-RJM settlement also required RJM to pay $2,000 in civil penalties to be allocated between the California Office of Environmental Health Hazard Assessment ($1,500), and AYS ($500). Under the settlement, the parties agreed to use arbitration to determine AYS' reasonable attorneys' fees and costs incurred investigating, bringing the matter to RJM's attention, litigating, and negotiating a settlement of the private enforcement action in the public interest.