As You Sow v. Randolph Products Company, Inc., et al.

A May 1, 1996 Judgment entered by the San Francisco Superior Court in As You Sow v. Randolph Products Company, Inc., et al., Case No. CGC-95-971224, resolved the private enforcement action brought by non-profit whistleblower As You Sow against the defendant Randolph for alleged violations of Proposition 65. The enforcement action began on January 9, 1995, when AYS served Randolph with a 60-Day Notice of Violation alleging that it violated Proposition 65 when it failed to warn consumers in California that its paint primer product exposes individuals to toluene and chromium (hexavalent compounds), chemicals listed pursuant to Proposition 65 as known to cause cancer, reproductive harm, or birth defects.

Under the settlement, Randolph agreed to provide warnings for all future sales of the product in California and to supply its customers in California with products labeled with warnings regarding the health hazards of toluene and chromium exposures. Settlement payments totaled $16,000, including a $1,000 civil penalty paid to California Office of Health Hazard Assessment (75%) and AYS (25%), and a $3,000 payment in lieu of further civil penalties which AYS agreed to donate to Earth Day Network, Inc., a national Earth Day education program.