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

On October 30, 1995, the Superior Court of California in and for the county of San Francisco entered a Consent Judgment in As You Sow v. Sureguard, Inc., et al., which resolved private enforcers As You Sow's allegations that the defendant Sureguard sold certain paints and solvent products containing toluene in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Sureguard agreed as of December 31, 1995, that it would not ship (or cause to be shipped) for sale or use in the State of California any covered products unless such products were accompanied by the appropriate Proposition 65 health hazard warning in compliance with section 1 of the Agreement.

The Consent Judgment required a civil penalty payment of $8,000, 75% of which was paid to California's Office of Environmental Health Hazard Assessment. An additional payment of $15,000 was required, divided therein between a restitution payment to Communities for a Better Environment and a cost payment used by the whistleblower AYS as compensation for their successful enforcement of this matter in the public interest.