Miscellaneous: ANTHONY E. HELD, PH.D, P.E. VS. LEHIGH CONSUMER PRODUCTS LLC ET AL

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MAME

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Jun-17-2016 3:49 pm-

Case Number: CGC-16-552602
Filing Date: Jun-17-2016 3:47
Filed by: DAVID YUEN
Image: 05441758
COMPLAINT

ANTHONY E. HELD, PH.D, P.E. VS. LEHIGH CONSUMER PRODUCTS LLC ET
AL

001005441758

Instructions:
Please place this sheet on top of the document to be scanned.an
a YOR PARTY WITHOUT ATTORNEY
t“Yaralei Paras, State Bar No. 20331
THE CHANLER GROUP
2560 Ninth Street, Suite 214, Berkeley, CA 94710
Berkeley, CA 94710
reverHone no. (510) 848-8880 raxno_ (51

ATTORNEY FOR (Name):

( 0) 848-81 18
laintiff, Anthony E. Held, Ph.D., P.E.

FOR COURT USE ONLY

‘ourt of California

ior Ci i
Super ‘San Francisco

ounty of

[SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco

STREET ADDRESS:
MAILING ADORESS
CITY AND ZIP CODE
BRANCH NAME

400 McAllister Street

San Francisco, 94102
Unlimited Civil

JUN 1.7 2018 ;
CLRRKOF THE COUR
BY: B Clerk

CASE NAME:
Held v. Lehigh Consumer Products LLC, et al.

CIVIL CASE COVER SHEET

[4] untimited = [_] Limited

(Amount (Amount
demanded demanded is
exceeds $25,000) $25,000 or less)
Items 1-6 below must be

LJ Other P/PD/WD (23)

CI iron
=] Wrongfut termination (36)

Other employment (15)

Other judi

Complex Case Designation

(7) counter

Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402)

1. Check one box below for the case type that best describes this case:

‘Auto Tort Contract Provisionally Complex Civil Litigation
‘Auto (22) [J Breach of contracuwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) (1 Rute 3.740 collections (09) (7 AntitrusvTrade reguiation (03)

Other PUPDAWD (Personal injury/Property  [_] Other collections (09) Construction defect (10)

Damage/Wrongful Death) Tort (2) insurance coverage (18) LJ Mass ton (40)

LJ Asbestos (04) [21 other contract (37) 1 securities titigation (28)

[J Product iabitty (24) Real Property [1 EnvironmentalToxic tort (30)

[J] Medical matpractice (45) Eminent domain/inverse

condemnation (14)

Non-PUPDIWD (Other) Tort (1 wrongtut eviction (33) types (41)

LJ Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment

(J civil rights (08) Unlawful Detainer [1 Enforcement of judgment (20)

[J petamation (13) Commercial (31) Miscellaneous Civil Complaint

Lo] Fraud (16) Residential (32) C] rico @7)

1 intetiectuai property (19) Drugs (38) Other complaint (not specified above) (42)
[1 Professional negligence (25) Judicial Review Miscellaneous Civil Petition

[1 other non-PYPDAD tort (35) Asset forfeiture (05)

Petition re: arbitration award (11) [—] other petition (not specified above) (43)
Cc ‘Writ of mandate (02)

[21 soinder

“CE -16-552602
|_ Wel - Lonoo 0604

JUOGE

DEPT
2).

leted (see instructions on

Insurance coverage claims arising from the
above listed provisionally complex case

Partnership and corporate governance (21)

icial review (39)

2. This case is
factors requiring exceptional judicial management:

a. oO Large number of separately represented parties

b.[_] Extensive motion practice raising difficult or novel

issues that will be time-consuming to resolve

Substantial amount of documentary evidence

ong

#

a

T=" 3. Remedies sought (check all that apply): a.L¥_] monetary
4. Number of causes of action (specify): One (1)

5. This case is isnot a class action suit.

6. {If there are any known related cases, file and serve a notice of related case. (You
Date: June 17, 2016

Laralei Paras

(TYPE OR PRINT NAME)

e Plaintiff must file this cover sheet with the first paper filed in
under the Probate Code, Family Code, or Welfare and instit
in sanctions.

© File this cover sheet in addition to any cover sheet required

© If this case is complex under rule 3.400 et seq. of the Califor
other parties to the action or proceeding.

CIVIL CASE

‘CM-O10 [Rev. July 1. 2007]

© Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.

is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the

d. OO Large number of witnesses

e.[_] Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court

f. CT Substantial postjudgment judicial supervision

b.

¢.__Jpunitive

vy nonmonetary; declaratory or injunctive relief

the action or proceeding (except smail claims cases or cases filed
tutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result

by local court rule.
mia Rules of Court, you must serve a copy of this cover sheet on all

COVER SHEET Cal Rugs of Cour, nde 230, 3.220, 3.400-3,403, 3.740,

‘of Judicial Administration, std 310

www courtinto ca govINSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET cM-010
To Plaintiffs and Others Filing First Papers. if you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
‘one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. in complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or. if the plaintiff has made no designation, a designation that

the case is complex.

Auto Tort
Auto (22)-Personal injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
‘motorist claim subject to
arbitration, check this item
instead of Auto)
Other PU/PDIWD (Personal injury/
Property Damage/Wrongful Death)

CASE TYPES AND EXAMPLES
Contract
Breach of ContractWarranty (06)
Breach of Rental/Lease
‘Contract (not unlawful detainer
or wrongful eviction)
ContraclWarranty Breach—Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract)
Warranty
Other Breach of ContractWarranty
Collections (e.g.. money owed, open

Provisionally Complex Civil Litigation (Cal.
Rutes of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
‘Securities Litigation (28)
Environmental/Toxic Tort (30)
insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment

‘Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case~Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal injury! Other Promissory Note/Collections County)

Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Soverane (not provisionally ___ domestic relations)
toxic/environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) one Subrogation Aarinstatve ey Award
Medica! Malpractice— r Coverage not unpaid taxes;
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PUPDIWD (23) Real Property ase
Premises Liability (e.g., slip Eminent Domain/inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27) ,
Intentional Bodily Injury/PDAWD Wrongful Eviction (33) Other Complaint (not specified
(e.g., assault, vandalism) Other Real Property (e.g... quiet ttle) (26) above) (42) Relief O
Intentional infliction of Whit of Possession of Real Property Prane'y Rete Cnty
Emotional Distress Mortgage Foreclosure niet h ive Relief Only (non-
Negligent Inflction of Quiet Title jarassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien -
Other PYPDWD domain, landlordtenant, or Other Commercial Complaint
Non-PUPDMWD (Other) Tort foreclosure) otnen a Pon-tortinon-compiex)
Business Tort/Unfair Business Unie Detainer Thon torvnon complex; )
Practice (07) ommercial (31) neous Petition
Civil Rights (e.g., discrimination, Residential (32) were ona Comonne
false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21)
harassment) (08) drugs, check this item; otherwise, Other Petition (not specified
Defamation (e.g.. slander, libel) report as Commercial or Residential) above) (43)
(13) Judicial Review Civil Harassment
Fraud (16) Asset Forfeiture (05) Workplace Violence
Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult
Professional Negligence (25) Writ of Mandate (02) ‘Abuse
Legal Malpractice Writ-Administrative Mandamus Election Contest
Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change
(not medical or legal) Case Matter Petition for Relief From Late
emp ne Nor-PUPDIND Tort (35) Writ-Other Limited Court Case Claim
ployment Review Other Civil Petition
Wrongful Termination (36) Other Judicial Review (39)
Other Employment (15) Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals.
(CM-010 [Rev July 1. 2007} Page 202

CIVIL CASE COVER SHEETSUM-100

FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)

SUMMONS
-(CITACION JUDICIAL)

NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):

LEHIGH CONSUMER PRODUCTS LLC; and DOES 1-150, inclusive

YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):

ANTHONY E. HELD, PH.D., P.E.

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case, There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association, NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
jAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informaci6n a
continuacién.

Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una Hamada telefonica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y més informacién en el Centro de Ayuda de las Cortes de California (www.sucorte. ca.gov), enla
biblioteca de leyes de su condado o en Ia corte que le quede més cerca. Si no puede pagar la cuota de presentacién, pida al secretario de la corte
que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder ef caso por incumplimiento y la corte le
podré quitar su sueldo, dinero y bienes sin mas advertencia.

Hay otros requisitos legales. Es recomendable que lame a un abogado inmediatamente. Sino conoce a un abogado, puede ilamar a un servicio de
remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte o el
colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reciamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que

pagar el gravamen de la corte antes de que la corte pueda desechar ef caso.
(CASE NUMBER:
del Cofp) 2 6 Q 2
C= 16°59

The name and address of the court is:
(El nombre y direccién de la corte es):

San Francisco County Superior Court
400 McAllister Street, San Francisco, CA 94102

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):

Laralei Paras (SBN 203319), THE CHANLER GROUP, 2560 Ninth St., Ste 214, Berkeley, CA 94710

DATE: Clerk, by DAVID W. YUEN
(oon) “UN 172016 CLERK OF THE COURT (Secretar)

(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)

(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served

1. [_] as an individual defendant.

2. [__] as the person sued under the fictitious name of (specify):

, Deputy
(Adjunto)

3, [21 on behalf of (specify):

under: [_] ccP 416.10 (corporation) (I CCP 416.60 (minor)
(1) CCP 416.20 (defunct corporation) (J CCP 416.70 (conservatee)
(2) CCP 416.40 (association or partnership) [—_] CCP 416.90 (authorized person)

C7) other (specify):
4. [] by personal delivery on (date):

Page tof 1
Form Adopted for Mandatory Use Code of Civil Procedure §§ 412.20, 485
Susi Counc of Caton SUMMONS won crac gor

SUM-100 [Rev. July 1, 2009} aVIA FAX

Laralei Paras, State Bar No. 203319

THE CHANLER GROUP
2560 Ninth Street

Parker Plaza, Suite 214 FI L.ED ad
Berkeley, CA 94710-2565 jor Court af Califor
Telephone: (510) 848-8880 Supuinty of San Francisco
Facsimile: (510) 848-8118 JUN 17 2016

Attorneys for Plaintiff CLEAR F THES \URT
ANTHONY E. HELD, PH.D., P.E.,
BY fouty Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION

C8 - 16-55 2602
ANTHONY E. HELD, PH.D., P.E., Case No.
Plaintiff, COMPLAINT FOR CIVIL PENALTIES
AND INJUNCTIVE RELIEF

v.
(Health & Safety Code § 25249.6 et seq.)

LEHIGH CONSUMER PRODUCTS LLC;

and DOES 1-150, inclusive,

Defendants.

COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFann FF Bw Ww

NATURE OF THE ACTION

1. This Complaint is a representative action brought by plaintiff ANTHONY E. HELD,
PH.D.., P.E. in the public interest of the citizens of the State of California to enforce the People’s
right to be informed about exposures to diisononyl phthalate (“DINP”), a toxic chemical that is
found in vinyl/PVC gloves that are sold in California.

2. By this Complaint, plaintiff seeks to remedy defendants’ continuing failure to warn
individuals not covered by California’s Occupational Safety Health Act, Labor Code § 6300 et seq.
who purchase, use or handle defendants’ products about the risks of exposure to DINP present in
and on vinyl/PVC gloves manufactured, distributed, and offered for sale or use throughout the
State of California. Individuals not covered by California’s Occupational Safety Health Act, Labor
Code § 6300 et seq. who purchase, use or handle defendants’ products are referred to hereinafter as
“consumers”.

3. Detectable levels of DINP are commonly found in and on components of vinyl/PVC
gloves that defendants import, manufacture, distribute, ship, sell and/or offer for sale to consumers
throughout the State of California.

4. Under the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at
Health and Safety Code § 25249.6 et seq. (“Proposition 65”), “[n]o person in the course of doing
business shall knowingly and intentionally expose any individual to a chemical known to the state
to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such
individual ....” Health & Safety Code § 25249.6.

5. On December 20, 2013, California listed DINP pursuant to Proposition 65 as a
chemical that is known to cause cancer. DINP became subject to the “clear and reasonable
warning” requirements of the act one year later on December 20, 2014. Cal. Code Regs. tit. 27, §
27001(b); Health & Safety Code §§ 25249.8 & 25249.10(b). DINP is referred to hereinafter as the
“LISTED CHEMICAL.”

6. Defendants manufacture, distribute, import, sell, and offer for sale without warning

in California, vinyl/PVC gloves containing the LISTED CHEMICAL including, but not limited to,

COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFoO YN DH FF WY

Poe Be Be
Rw NY SF OS

Spontex ColorBrite Disposable Gloves, UPC #0 21202 76153 7. All such gloves containing the
LISTED CHEMICAL are referred to collectively hereinafter as the “PRODUCTS.”

7. Defendants’ failure to warn consumers and other individuals in California of the
harms associated with exposures to the LISTED CHEMICAL in conjunction with defendants’
sales of the PRODUCTS containing the LISTED CHEMICAL constitute violations of Proposition
65, and subject defendants to enjoinment of such conduct, as well as civil penalties for each
violation. Health & Safety Code § 25249.7(a) & (b)(1).

8. For defendants’ violations of Proposition 65, plaintiff seeks preliminary and
permanent injunctive relief to compel defendants to provide purchasers or users of the
PRODUCTS with the required warning regarding the health hazards associated with exposures to
the LISTED CHEMICAL. Health & Safety Code § 25249.7(a).

9. Pursuant to Health and Safety Code § 25249.7(b), plaintiff also seeks civil penalties
against defendants, and each of them, for each violation of Proposition 65.

PARTIES

10. Plaintiff ANTHONY E. HELD, PH.D., P.E. is a citizen of the State of California
who is dedicated to protecting the health of California citizens through the elimination or reduction
of harmful exposures to toxic chemicals from consumer products. He brings this action in the
public interest pursuant to Health and Safety Code § 25249.7(d).

11. Defendant LEHIGH CONSUMER PRODUCTS LLC (“LEHIGH”) is a person in the
course of doing business within the meaning of Health and Safety Code §§ 25249.6 and 25249.11.

12. LEHIGH manufactures, imports, distributes, sells, and/or offers the PRODUCTS for
sale or use in the State of California, or it implies by its conduct that it manufactures, imports,
distributes, sells, and/or offers the PRODUCTS for sale or use in the State of California.

13. Defendants DOES 1-50 (“MANUFACTURER DEFENDANTS”) are each a person
in the course of doing business within the meaning of Health and Safety Code §§ 25249.6 and
25249.11.

nw

COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFCO YN DA RF WwW Ye

YP NR yw MY YP NR RN Ye Be ee eB Be Be Be eR
oy DH FB NY —=F FSD ew A KDA FB BDH FS

14. MANUFACTURER DEFENDANTS research, test, design, assemble, fabricate, and
manufacture, or imply by their conduct that they research, test, design, assemble, fabricate, and
manufacture one or more of the PRODUCTS offered for sale or use in the State of California.

15. Defendants DOES 51-100 (“DISTRIBUTOR DEFENDANTS”) are each a person in
the course of doing business within the meaning of Health and Safety Code §§ 25249.6 and
25249.11.

16. | DISTRIBUTOR DEFENDANTS distribute, exchange, transfer, process, and
transport one or more of the PRODUCTS to individuals, businesses, or retailers for sale or use in
the State of California.

17. Defendants DOES 101-150 (“RETAILER DEFENDANTS”) are each a person in the
course of doing business within the meaning of Health and Safety Code §§ 25249.6 and 25249.11.

18. RETAILER DEFENDANTS offer the PRODUCTS for sale to individuals in the
State of California.

19. At this time, the true names of defendants DOES 1 through 150, inclusive, are
unknown to plaintiff, who, therefore, sues said defendants by their fictitious names pursuant to
Code of Civil Procedure § 474. Plaintiff is informed and believes, and on that basis alleges, that
each of the fictitiously named defendants is responsible for the acts and occurrences alleged herein.
When ascertained, their true names shall be reflected in an amended complaint.

20. | LEHIGH, MANUFACTURER DEFENDANTS, DISTRIBUTOR DEFENDANTS,
and RETAILER DEFENDANTS are hereinafter collectively referred to as “DEFENDANTS.”

VENUE AND JURISDICTION

21. Venue is proper in the County of San Francisco pursuant to Code of Civil Procedure
§§ 393, 395, and 395.5, because this Court is a court of competent jurisdiction, because plaintiff
seeks civil penalties against DEFENDANTS, because one or more instances of wrongful conduct
occurred, and continue to occur, in this county, and/or because DEFENDANTS conducted, and

continue to conduct, business in San Francisco County with respect to the PRODUCTS.

COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF22. The California Superior Court has jurisdiction over this action pursuant to California
Constitution Article VI, section 10, which grants the Superior Court “original jurisdiction in all
causes except those given by statute to other trial courts.” The statute under which this action is
brought does not specify any other basis of subject matter jurisdiction.

23. The California Superior Court has jurisdiction over DEFENDANTS based on
plaintiff's information and good faith belief that each defendant is a person, firm, corporation or
association that is a citizen of the State of California, has sufficient minimum contacts in the State
of California, and/or otherwise purposefully avails itself of the California market. DEFENDANTS’
purposeful availment renders the exercise of personal jurisdiction by California courts consistent
with traditional notions of fair play and substantial justice.

FIRST CAUSE OF ACTION
(Violation of Proposition 65 - Against All Defendants)

24, — Plaintiff realleges and incorporates by reference, as if fully set forth herein,
Paragraphs | through 23, inclusive.

25. In enacting Proposition 65, in the preamble to the Safe Drinking Water and Toxic
Enforcement Act of 1986, the People of California expressly declared their right “[t]o be informed
about exposures to chemicals that cause cancer, birth defects, or other reproductive harm.”

26. Proposition 65 states, “[n]o person in the course of doing business shall knowingly
and intentionally expose any individual to a chemical known to the state to cause cancer or
reproductive toxicity without first giving clear and reasonable warning to such individual ... .”
Health & Safety Code § 25249.6.

27. September 24, 2015, plaintiff's sixty-day notice of violation, together with the
requisite certificate of merit, was provided to Jarden Corporation, and certain public enforcement
agencies stating that, as a result of sales of DEFENDANTS’ PRODUCTS containing the LISTED
CHEMICAL, consumers, and other individuals in the State of California were being exposed to
the LISTED CHEMICAL resulting from their reasonably foreseeable use of the PRODUCTS,
without the individual purchasers and users first having received a “clear and reasonable warning”

regarding such toxic exposures, as required by Proposition 65.

COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF28. On February 26, 2016, plaintiff’s supplemental sixty-day notice of violation,
together with the requisite certificate of merit, was provided to LEHIGH, and certain public
enforcement agencies stating that, as a result of DEFENDANTS’ sales of the PRODUCTS
containing the LISTED CHEMICAL, consumers, and other individuals in the State of California
were being exposed to the LISTED CHEMICAL resulting from their reasonably foreseeable use of
the PRODUCTS, without the individual purchasers and users first having received a “clear and
reasonable warning” regarding such toxic exposures, as required by Proposition 65.

29. DEFENDANTS have engaged in the manufacture, importation, distribution, sale,
and offering of the PRODUCTS for sale or use in violation of Health and Safety Code § 25249.6,
and DEFENDANTS’ violations have continued to occur beyond their receipt of plaintiff's sixty-
day notice of violation. As such, DEFENDANTS’ violations are ongoing and continuous in
nature, and will continue to occur in the future.

30. After receiving plaintiff's sixty-day notices of violation, the appropriate public
enforcement agencies have failed to commence and diligently prosecute a cause of action against
DEFENDANTS under Proposition 65.

31. The PRODUCTS manufactured, imported, distributed, sold, and offered for sale or
use in California by DEFENDANTS contain the LISTED CHEMICAL in such a way that the
reasonably foreseeable uses of these products result in exposures that require a “clear and
reasonable” warning under Proposition 65.

32. | DEFENDANTS knew or should have known that the PRODUCTS they
manufacture, import, distribute, sell, and offer for sale or use in California contain the LISTED
CHEMICAL.

33. The LISTED CHEMICAL is present in or on the PRODUCTS in such a way as to
expose individuals through dermal contact and/or ingestion during reasonably foreseeable use.

34, The normal and reasonably foreseeable uses of the PRODUCTS have caused, and
continue to cause, consumer exposures to the LISTED CHEMICAL, as such exposures are defined

by title 27 of the California Code of Regulations, section 25602(b).

COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF35. | DEFENDANTS have knowledge that the normal and reasonably foreseeable uses of
the PRODUCTS expose individuals to the LISTED CHEMICAL through dermal contact and/or
ingestion.

36. | DEFENDANTS intend for such exposures to the LISTED CHEMICAL from the
reasonably foreseeable uses of the PRODUCTS to occur by their deliberate, non-accidental
participation in the manufacture, distribution, sale, and offering of the PRODUCTS for sale or use
to individuals in the State of California.

37. DEFENDANTS failed to provide a “clear and reasonable warning” to those workers,
consumers and other individuals in California not covered by California’s Occupational Safety
Health Act, Labor Code § 6300 et seq. who have been, or will be, exposed to the LISTED
CHEMICAL.

38. Contrary to the express policy and statutory prohibition of Proposition 65 enacted
directly by California voters, workers, consumers, and other individuals exposed to the LISTED
CHEMICAL through dermal contact and/or ingestion, resulting from the reasonably foreseeable
uses of the PRODUCTS sold by DEFENDANTS without a “clear and reasonable warning,” have
suffered, and continue to suffer, irreparable harm for which they have no plain, speedy, or
adequate remedy at law.

39. Pursuant to Health and Safety Code § 25249.7(b), as a consequence of the above-
described acts, DEFENDANTS are liable for a maximum civil penalty of $2,500 per day for each
violation.

40. As aconsequence of the above-described acts, Health and Safety Code § 25249.7(a)

also specifically authorizes the Court to grant injunctive relief against DEFENDANTS.

PRAYER FOR RELIEF

Wherefore, plaintiff prays for judgment against DEFENDANTS as follows:
1. That the Court, pursuant to Health and Safety Code § 25249.7(b), assess civil
penalties against DEFENDANTS, and each of them, in the amount of $2,500 per day for each

violation;

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2. That the Court, pursuant to Health and Safety Code § 25249.7(a), preliminarily and
permanently enjoin DEFENDANTS from manufacturing, distributing, or offering the PRODUCTS
for sale or use in California without first providing a “clear and reasonable warning” as defined by
title 27 of the California Code of Regulations, section 25601 et seq., as to the harms associated
with exposures the LISTED CHEMICAL;

3. That the Court grant plaintiff his reasonable attorneys’ fees and costs of suit; and

4. That the Court grant such other and further relief as may be just and proper.

Dated: June 15, 2016 Respectfully Submitted,
THE CHANLER GROUP

By:
Laralei Paras

Attorneys for Plaintiff
ANTHONY E. HELD, PH.D., P.E.

COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF