As You Sow v. Rubatex Corporation, et al.

In a settlement reached on April 24, 1995, and entered by the Marin County Superior Court as a judgment on April 27, 1995 (Case No. 162867), Proposition 65 Private enforcer and whistleblower, As You Sow, and adhesives manufacturer, Rubatex Corporation, settled pending litigation and resolved AYS' claims regarding alleged violations of Proposition 65 by Rubatex. The whistleblower's private enforcement action began with a September 2, 1994, 60-day notice of violation AYS served on the adhesives manufacturer. On January 24, 1995, after the sixty-day period concluded with no public enforcer electing to prosecute the alleged violations, AYS filed a private enforcement action against Rubatex for the violations alleged in the notice. The notice of violation and complaint alleged that Rubatex violated Proposition 65 when it sold adhesives containing toluene without providing the health hazard warning required by the Act. Toluene is listed pursuant to Proposition 65 as a chemical that is known to cause birth defects or other reproductive harm.

The terms of the parties' settlement required Rubatex to immediately implement and provide specific health hazard warning labels for the products that identify the risks of reproductive harm or birth defects associated with toluene exposures. In addition, Rubatex revised the MSDS included with its products to contain the health hazard warning information required for the labels. The settlement also required Rubatex to provide health hazard warnings to customers in California that held remaining inventory of products shipped prior to the settlement, and ask that they apply them prior to sale in California. Settlement payments required by the agreement total $13,500. AYS donated a portion of the funds to Bay Area Nuclear Waste Coalition (BAN Waste) and the AYS Proposition 65 Investigation and Enforcement Fund. The settlement payment also included a cost component which reimbursed AYS for the fees and costs incurred investigating, litigating, and negotiating a settlement of the private enforcement action in the public interest.