Notice Warns of Potential Lawsuit Against Walmart for Proposition 65 Violations

Bradley/Grombacher, LLP • August 22, 2017

A California man has filed a certificate of service against Walmart and two other companies believed to have engaged in Proposition 65 violations for failing to properly indicate that a product the giant retailer carries is known in the State of California to cause cancer.

Potential Plaintiff Anthony F. raised concerns in the notice to the companies that a product that Walmart sells, with components of the product manufactured/distributed by RAJ Plastics Inc. and BagsOnNet, contains chemicals known to cause cancer.

The specific product of concern is the Clear Cross Body Messenger Tote Shoulder Bag w/ Adjustable Strap, as described in the notice. According to the Prop 65 violations notice, the product contains a chemical known as Di(2-ethylhexyl) phthalate (DEHP). The notice states that this chemical was listed as a carcinogen on the Proposition 65 chemicals list on Jan. 1, 1988. Additionally, it was listed in Oct. 24, 2003, as a chemical known to cause developmental male reproductive toxicity, the notice states.

“The alleged Violators knowingly and intentionally have exposed and continue to knowingly and intentionally expose consumers within the State of California to Di(2-ethylhexyl) phthalate (DEHP) at levels that, upon reasonable use of the product, exceed the significant Risk Level in the Maximum Allowable Dose Level without providing clear and reasonable warning of this exposure,” the Proposition 65 violations notice states.

The notice goes on to state that the way consumers are exposed to this chemical is through skin absorption “Users may potentially be exposed to DHP by dermal absorption through direct skin contact with the bag during routine use when the bag is manipulated with bare hands,” the Proposition 65 violations notice says.

“The product can be expected to emit gas phase DEHP into the air and accumulate DEHP at the surface over the lifetime of the product,” it adds.

The notice claims that the alleged Proposition 65 violations have occurred every day since at least June 13, 2017, and the Prop 65 violations will continue to occur daily “until clear and reasonable warnings are provided to product purchasers and users or until this known toxic chemical is removed from the product.”

“Without proper warnings regarding the toxic effects of exposures to this listed chemical that results from contact with this product, California citizens lack the information necessary to make an informed decision on whether and/or how to eliminate (or reduce) the risk of exposure to the listed chemical from the reasonably foreseeable use of the product,” the Walmart Proposition 65 violations notice states.

The notice concludes by saying, “Consistent with the public interest goals of Proposition 65 and desire to have these ongoing violations of California law quickly rectified, Anthony [F.] is interested in seeking a constructive resolution of this matter without engaging in costly and protracted litigation.”

The notice also stated, “Please allow this letter to serve as notice of this violation to the alleged Violators and the appropriate public enforcement agencies.” It goes on to state that the attorneys intend “to file a private enforcement action on behalf of Anthony [F.] sixty (60) days after effective service of this notice unless the public enforcement agencies have commenced and are earnestly prosecuting an action to redress these violations.”

CONSUMERS AND PROPOSITION 65 VIOLATIONS

Consumers in the state of California may file a class action lawsuit over Proposition 65 violations if they believe a company is violating the California statute that aims to protect consumers by providing clear warnings that a product contains chemicals known to the State of California to cause cancer or reproductive harm.

If you believe a company may be engaging in Proposition 65 violations, the attorneys at Bradley/Grombacher can provide you with a free case review and consultation to help you understand the legal options that are available to you. Learn more by filling out the form on this page.

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Notice Warns of Potential Lawsuit Against Walmart for Proposition 65 Violations

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