As You Sow v. Chemical Packaging Corporation, et al.

A Consent Judgment in the As You Sow v. Chemical Packaging Corporation, et al. matter, heard in the San Francisco County Superior Court, was entered on December 28, 1995. The Consent Judgment resolved private enforcer As You Sow's allegations that defendant Chemical Packaging Corporation ("CPC") sold paint and solvents containing toluene and methylene chloride (hereinafter "products") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, CPC agreed to not knowingly sell in California products unless such products contain Health Hazard warning labels as prescribed in the Consent Judgment, and further agreed that beginning in June of 1995, the products would no longer contain any Proposition 65-listed chemicals.

The Consent Judgment required settlement payments of $52,000, divided therein between civil penalties, 75% of which were paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower As You Sow and their counsel for the successful enforcement of this matter in the public interest. Furthermore, the Consent Judgment required that CPC pay $7,000 in restitution to As You Sow's enforcement fund and the Rainforest Action Network. As You Sow's Proposition 65 Enforcement Fund utilized its portion of the funds to continue its ongoing research into workplace exposures to Proposition 65-listed chemicals. The portion of the funds transferred to the Rainforest Action Network were used by the nonprofit advocacy group to further its goal of saving rain forests from destruction.