Judgment Date:
05/24/2012
Settlement reported to AG:
Case Name:
MEJF v. Taprite-Fassco, MFG, Inc., et al.
Court Name:
San Francisco Superior Court
Plaintiff:
Mateel Environmental Justice Foundation
Plaintiff Attorney:
William Verick
David Williams
Brian Acree
Fredric Evenson
Defendant:
Midea America Corporation
Injunctive Relief:
Discontinuance of Sale and Use of Testing Protocol:
Midea America agrees that it will discontinue and no longer offer for sale into California any Covered Products that use leaded brass spigots. including those items specifically identified in the 60-Day Notice Letters, except those that have already been manufactured and are already within the stream of commerce prior to the date of entry of this Consent Judgment. Using the testing protocol identified in 7.2.2, or other protocol agreed upon by the Parties, any Covered Product for which the Lead Concentration Level (outcome of test protocol 7.2.2) is less than 1.5 micrograms per liter shall be deemed in compliance with Proposition 65 and may be shipped for sale in California with no warnings.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 40,000.00
Payment in Lieu of Penalty:
$ 15,000.00 ($7,500 to the Ecological Rights Foundation, and $7,500 to Californians for Alternatives to Toxics for use toward reducing exposures to toxic chemicals and other pollutants, and toward increasing consumer, worker and community awareness of health hazards posed by lead and other toxic chemicals.)
Total Payments:
$ 60,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Klamath Environmental Justice Foundation
City, State, Zip:
Eureka, CA 95501
Phone Number:
510-271-0827