As You Sow v. Sika Corporation, et al.

On July 28, 1995, Proposition 65 private enforcer, As You Sow, and settling industrial adhesives manufacturer, Sika Corporation, entered into a settlement resolving AYS's allegation that Sika sold adhesives containing toluene, toluene diisocyanate, 4, 4'-methylenedianiline, formaldehyde (gas), and crystalline silica in the State of California without providing the health hazard warning required by Proposition 65.

As part of the settlement, Sika agreed to provide specific health hazard warnings related to exposures to the respective Proposition 65-listed chemical. Sika further agreed to implement an interim warning program to provide customers with warning stickers to be applied prior to sale in California to inventory that did not bear a health hazard warning. Under the Agreement Sika made settlement payments totaling $22,500 in restitution and costs. AYS allocated the restitution component of the payment to Unplug, a grassroots non-profit organization whose mission is to provide noncommercial publications to schools and community groups emphasizing environmental issues, and the AYS Proposition 65 Enforcement Fund. The cost component of the settlement was used to reimburse AYS for the reasonable attorneys' fees and costs incurred bringing, litigating, and negotiating a settlement of the private enforcement action in the public interest.