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California Citizen Sues Major Retailer Over Toxic Chemicals in Products

NORTHERN CALIFORNIA RECORD

Tuesday, November 26, 2024

California Citizen Sues Major Retailer Over Toxic Chemicals in Products

State Court
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A recent court filing has thrust a major retailer into the spotlight over allegations of failing to warn consumers about hazardous chemicals in their products. On July 17, 2024, Ema Bell filed a complaint in the Superior Court of California, County of San Francisco, against Hobby Lobby Stores, Inc., alleging violations of Proposition 65.

Ema Bell's lawsuit claims that Hobby Lobby has been selling products containing lead and di(2-ethylhexyl) phthalate (DEHP) without providing the necessary warnings to consumers as required by California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). According to the complaint, these chemicals are known to cause cancer and reproductive harm. The plaintiff alleges that Hobby Lobby distributed items such as Sewology® quilters tape measures, large shell gift plastic bags, Sewology® Stitch At a Time mugs, and Hobby Lobby Farm Fresh enamel mugs that expose users to these toxic substances.

The case hinges on Proposition 65’s requirement for businesses to label products containing harmful chemicals with clear warnings. Bell argues that Hobby Lobby failed to comply with this mandate despite knowing the risks associated with lead and DEHP exposure. "Defendant’s failure to warn consumers and other individuals in California of the health hazards associated with exposure to lead and/or DEHP in conjunction with the sale and/or distribution of the Products is a violation of Proposition 65," states the complaint.

Bell seeks civil penalties amounting up to $912,000 per violation and injunctive relief requiring Hobby Lobby to provide proper warnings on their products. Additionally, she demands reasonable attorney’s fees estimated at $50,000. The plaintiff's attorneys from Brodsky Smith argue that this action is necessary not only for compliance but also for public health awareness.

The court filing names Evan J. Smith and Ryan P. Cardona as Bell's attorneys while identifying Laura Simmons as the Deputy Clerk who processed the filing under Case No.: CGC-24-6164.

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