Consumer alleges Toss Designs failed to warn of hazards of chemical in vinyl pencil cases

By Jenie Mallari-Torres | Jan 11, 2019

SAN FRANCISCO – A consumer alleges a manufacturer failed to warn of the hazards of exposure to a chemical in its vinyl pencil cases purportedly known to the state of California as one that can cause cancer.

Dennis Johnson filed a complaint on Dec. 28, in the San Francisco County Superior Court against Toss Designs Inc. and Does 1-150 alleging violation of Proposition 65.

According to the complaint, the plaintiff alleges that the defendants' vinyl pencil cases contain a chemical known as diisononyl phthalate (DINP), which is listed by the state as a chemical that can cause cancer.

The plaintiff alleges that the defendants have violated Proposition 65 by failing to warn consumers in the state of the health hazards associated with exposures to DINP.

The plaintiff seeks judgment against defendants for declaratory and injunctive relief, civil penalties of $2,500 per day for each alleged violation, attorney's fees, costs of suit and further relief as the court deems just. He is represented by Josh Voorhees and Troy C. Bailey of Voorhees & Bailey LLP in Palo Alto.

San Francisco County Superior Court case number CGC-18-572394

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