Prop 65 PVC Litigation

Mateel Environmental Justice Foundation has been active seeking to impose Prop 65 liability, and require warnings, regarding alleged exposures to lead from polyvinyl chloride-containing products, including PVC electrical tape, PVC electrical cords in consumer products, and PVC-containing tool handles.  So far, complaints have been filed against electrical tape manufacturers.

In December 2000 through January '01, Mateel has continued to file PVC actions.  On December 8, 2000 Mateel filed 12 actions in San Francisco against manufacturers and retailers of tools with PVC handles.  On the same day, Mateel filed 12 cases alleging exposure to lead from PVC Christmas light products.  On January 3 and 11, 2001 Mateel filed another 3 electrical tape cases against a total of 9 defendants (see new filings for a complete listing).

On July 11, 2000, Mateel settled with Microsoft Corporation, over claims that its keyboards, joysticks, mice and other equipment expose users to cadmium, hexavalent chromium compounds, vinyl chloride, lead and lead compounds, lead acetate, lead phosphate, lead subacetate, and DEHP.  The products will carry Prop 65 warnings which advise the users to wash their hands after handling.  Microsoft agreed to pay $65,000, half of which was for Mateel's attorney's fees; the other half to be donated to non-profit charities.

Settlements Reached with String Light Products Manufacturers

Mateel has reached settlements with two companies that manufacture string light products (such as Christmas lights) with PVC electrical cords.

A June 2001 settlement with Seasonal Specialties LLC required that all string light products manufactured 180 days after entry would require Prop 65 warnings regarding lead exposures, unless the PVC had 300 parts per million or less lead. The settlement included a civil penalty of $10,000, public interest payments of $7,500. and attorney's fees of $17,500.

A similar settlement was reached between Mateel and Minami International. However, Minami declared for Chapter 7 bankruptcy shortly before the consent judgment was entered by the court.

A September 2001 settlement reached between Mateel and several retailers (Rite Aid, Longs Drug Stores, Walgreen's and Costco) required two manufacturers of their products to pay civil penalties of $4,000, restitution of $44,000, and attorney's fees of $52,000. This settlement also excluded products with less than 300 ppm lead from the warning requirements.

In November 2001, Mateel reached a similar settlement with J. Hofert Co., in which the defendant agreed to pay $10,000 in civil penalties (unless products were reformulated to contain less than 300 ppm lead), $10,000 in restitution and $17,500 in attorney's fees.

Settlement Reached over Neoprene-Coated Weights

A November 2001 settlement between Mateel and York Barbell required Prop 65 warnings for neoprene/pvc coatings that contain 200 ppm or more lead. York agreed to pay $7,500 in restitution and $10,000 in attorney's fees.

This page last updated 2/24/02.