As You Sow v. Tremco Autobody Technologies, et al.

In a settlement reached on April 13, 1995, and entered by the Marin County Superior Court as a judgment on April 17, 1995 (Case No. 162323), Proposition 65 private enforcer and whistleblower, As You Sow, and chemicals manufacturer, Tremco Autobody Technologies ("TAT"), settled pending litigation and resolved AYS' claims regarding alleged violations of Proposition 65 by TAT. The whistleblower's private enforcement action began with a September 15, 1994, 60-day notice of violation AYS served the automotive products manufacturer. After the sixty-day period concluded with no public enforcer electing to enforce the alleged violations, AYS filed a private enforcement action against TAT for the violations that are the subject of the 60-day notice. The notice of violation and complaint allege that TAT violated Proposition 65 when it sold automotive products, including primers, adhesives, coatings, cleaners, and additives containing the Proposition 65-listed chemicals toluene, methylene chloride, benzene, talc, and crystalline silica. The chemicals identified by AYS are all listed pursuant to Proposition 65 as chemicals that are known to cause cancer, or birth defects or other reproductive harm.

The terms of the parties' settlement required TAT to immediately implement and provide specific and conspicuous health hazard warning labels regarding the type of harm associated with the particular Proposition-65 listed chemicals in its products. In addition, the settlement required that TAT revise the MSDS included with its paint and paint products to contain the health hazard warning information required by AYS for product labels. The settlement also required TAT to provide customers and distributors in California with the health hazard warnings and ask that they apply them to the products shipped prior to the settlement and remaining in inventory.

Settlement payments required by the agreement total $45,000, including $20,000 to AYS to be distributed to California nonprofit groups, the BAN Waste Coalition, the Committee to Bridge the Gap, and the AYS' Proposition 65 Enforcement and Investigation Fund. TAT also paid $8,000 in civil penalties, which were divided between the California Office of Environmental Health Hazard Assessment ($6,000) and AYS ($2,000). As reimbursement for the fees and costs incurred investigating, litigating, and negotiating a settlement of the private enforcement action in the public interest, TAT paid AYS $17,500.