Settlement Date:
05/30/2013
Case Name:
MEJF v. 31, Incorporated et al.
Court Name:
San Francisco Superior Court
Plaintiff:
Mateel Environmental Justice Foundation
Plaintiff Attorney:
William Verick
David Williams
Fredric Evenson
Brian Acree
Injunctive Relief:
Covered Products shall be deemed to comply with the warning requirements of Proposition 65 for lead and lead compounds (H&S Code 25249.6), and be exempt from any Proposition 65 warning requirements for these listed chemicals if the brass that is part of the Covered Products is made of an alloy which contains no intentionally added lead or no lead content by weight of more than 0.03% ("300 parts per million," or "300 ppm"). Covered Products shall also be exempt from any Proposition 65 warning requirement if Settling Defendant, or any third party acting on its behalf, in good faith obtains test results indicating that the Covered Products contain no intentionally added lead or no lead content by weight of more than .03% ("300 parts per million," or "300 ppm"). Settling Defendant may rely upon the written representations from its suppliers that the test standards have been met to the extent such reliance is in good faith.
7.2 Covered Products that do not meet the warning exemption standard set forth in Sections 7.1 of this Consent Judgment shall be accompanied by a warning as described in paragraph 7.3.
*Non-Contingent Civil Penalty:
$ 2,500.00
Attorney(s) Fees and Costs:
$ 20,000.00
Payment in Lieu of Penalty:
$ 10,000.00 (A total of $10,000 (ten thousand dollars) shall be paid by Settling Defendant to Ecological Rights Foundation. This payment is to be used by ERF to inform Californians about toxic chemicals or to eliminate or reduce exposures to toxic chemicals.)
Total Payments:
$ 32,500.00
Will settlement be submitted to court?
Contact Organization:
Klamath Environmental Justice Foundation
City, State, Zip:
Eureka, CA 95501
Phone Number:
707-268-8900