Settlement Date:
05/14/2012
Case Name:
As You Sow v. Actuant Corporation, dba Gardner Bender
Court Name:
Alameda County Superior Court
Defendant:
Actuant Corporation, dba Gardner Bender
Injunctive Relief:
2.1 Covered Products distributed or sold by GB Tools after the Effective Date for sale or use in the State of California shall provide the following warning statement:
“WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm.”
2.2 The warning statement required in Section 2.1 shall be prominently affixed to or printed on the Covered Product’s packaging and labeling by GB Tools and shall be displayed with such conspicuousness, as compared with other words, statements, designs, or devices on the Covered Product, or its packaging or labeling, as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use.
*Non-Contingent Civil Penalty:
$ 10,000.00
Attorney(s) Fees and Costs:
$ 22,000.00
Payment in Lieu of Penalty:
$ 32,000.00 (Additionally, within 30 days of the Effective Date, GB Tools shall pay $32,000 in the form of a check made payable to As You Sow as a payment in lieu of additional civil penalties. These funds shall be used by As You Sow to reduce or remediate exposures to toxic chemicals and to increase consumer, worker and community awareness of the health hazards posed by toxic chemicals in California via its program work, but primarily through grants to other 501(c)(3) non-profit organizations working in toxics reduction, remediation and/or environmental education. In deciding among the grantee proposals, the As You Sow Board of Directors (“Board”) takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying case(s), and the grant program work; (2) the potential for toxics reduction, prevention, remediation or education benefits to California citizens from the proposal; (3) the budget requirements of the proposed grantee and the alternate funding sources available to it for its project; and (4) the Board’s assessment of the grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, and bylaws and applicable state and federal laws and regulations. These payments shall not be construed as a credit against the personal claims of absent third parties for restitution against Defendant. )
Total Payments:
$ 64,000.00
Will settlement be submitted to court?
Contact Organization:
Shute, Mihaly & Weinberger LLP
City, State, Zip:
San Francisco, CA 94102
Phone Number:
415-552-7272
