As You Sow v. Talsol Corporation, et al.

In a Stipulated Judgment agreed to by the parties and entered by San Francisco Superior Court on January 31, 1996, Proposition 65 whistleblower and private enforcer As You Sow and paint products manufacturer Talsol Corporation resolved the claims alleged in AYS’s March 17 and June 23, 1995 60-Day Notices of Violation of Proposition 65.  AYS’s claims related to the unwarned sales of paint products containing Proposition 65-listed chemicals that are known to the state to cause cancer, reproductive harm, or birth defects. 

Under the terms of the settlement, the paint manufacturer immediately began providing Proposition 65 health hazard warnings and revised the MSDS included with certain identified paint products to include reference to carcinogenic or teratogenic effects of the listed chemicals contained in Talsol’s paint products sold in California.  In addition, the Stipulated Judgment required that Talsol make settlement payments totaling $10,000.  Talsol made a payment in lieu of civil penalties of $2,000 to AYS who donated the funds to the San Francisco Baykeeper, a nonprofit environmental group dedicated to the protection, preservation, and enhancement of the San Francisco Bay/Delta ecosystems.  The agreement also requires Talsol to reimburse AYS’ reasonable attorneys’ fees and costs in the amount of $8,000.