As You Sow v. The Simpson Coatings Group, Inc., et al.

Proposition 65 private enforcer and whistleblower, As You Sow, and paint and paint products manufacturer, Simpson Coatings Group, Inc., reached an agreement on May 24, 1995, resolving AYS's allegations that Simpson violated Proposition 65 when it failed to warn consumers and other individuals of the health risks associated with exposures to lead, chromium (hexavalent compounds) and toluene present in Simpson's paint products. Lead and chromium are listed pursuant to Proposition 65 as chemicals that are known to cause cancer. Toluene is listed as a chemical that is known to cause reproductive harm or birth defects.

Under the settlement agreement, Simpson began to print specific health hazard warnings for the labels of its products that inform consumers of the particular Proposition 65-listed chemical present in a given product, and the type of harm associated with exposures to the chemicals by August 31, 1995. The settlement also required Simpson to revise the MSDS included with its products to provide the warning language required of its product labels. Simpson paid AYS $23,000 in restitution and costs under the settlement. AYS allocated the restitution component of the payment to Citizens for a Better Environment and the AYS Proposition 65 Investigation 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. The parties submitted the settlement to the San Francisco Superior Court for approval and entry as a Judgment (Case No. CGC-95-968343) on May 25, 1995, and the Court approved and entered the settlement thereafter.