As You Sow v. Surface Protection Industries, Inc., et al.

Posted: 06/16/1995  browse the case archive

In a stipulated judgment entered as a judgment by Marin County Superior Court on June 16, 1995 (Case No. 162032), Proposition 65 private enforcer and whistleblower, As You Sow, and paint products manufacturer, Surface Protection Industries, Inc., reached a resolution of the claims alleged in AYS's July 29, 1994, 60-day notice of violation of Proposition 65. In its notice of violation and complaint filed in the private enforcement action, AYS alleged that SPI failed to warn consumers and other individuals in California of the health hazards associated with toluene exposures associated with SPI's products. Toluene is listed pursuant to Proposition 65 as a chemical that is known to the state to cause reproductive harm or birth defects.

Under the terms of the settlement, SPI began providing specific Proposition 65 health hazard warnings requested by AYS. The settlement also required SPI to pay AYS $4,000 in costs and restitution. AYS allocated the restitution component of the payment to Unplug, a nonprofit organization dedicated to educating school children about environmental issues. The cost component of the settlement reimbursed AYS for the reasonable attorneys' fees and costs incurred investigating, bringing the matter to SPI's attention, litigating, and negotiating a settlement of the private enforcement action in the public interest.

 

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