shefa lmv, inc. Plaintiff, v. ARGENTO SC BY SICURA, INC., et al. Defendants.

Case No.: 19STCV10347

Hearing Date: January 10, 2020

[TENTATIVE] order RE:

Motion TO APPROVE ENTRY OF CONSENT Judgment

BACKGROUND

Plaintiff Shefa LMV, Inc. (“Plaintiff”) commenced this action against Defendant Argento SC by Sicura, Inc. (“Defendant”) seeking civil penalties and injunctive relief pursuant to the California State Drinking Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”). Plaintiff alleges that Defendant manufactures, distributes, and sells plastic handheld tool products that contain Di [2-Ethylhexyl] Phthalate (“DEHP”), a chemical known to cause cancer and/or reproductive harm. Plaintiff alleges that Defendant has failed to comply with Proposition 65 by failing to provide consumers with clear and reasonable warnings that use of its products will expose them to DEHP.

LEGAL STANDARD

Proposition 65 provides that “[n]o person in the course of doing business shall know