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Plaintiff Alleges Major Retailers Violated Proposition 65 Over Toxic Mugs

NORTHERN CALIFORNIA RECORD

Wednesday, April 2, 2025

Plaintiff Alleges Major Retailers Violated Proposition 65 Over Toxic Mugs

State Court
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Superior Court of California - County of San Francisco | Official website

Ema Bell has taken a bold step to protect California consumers from potential health hazards by filing a lawsuit against two major companies. On March 18, 2025, Ema Bell filed a complaint in the Superior Court of California, County of San Francisco, against Paladone Products Inc. and The TJX Companies, Inc., alleging violations of the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65.

The case revolves around the sale and distribution of Playstation 4 generation controller mugs by the defendants. According to Bell's complaint, these products contain lead—a chemical known to cause cancer and reproductive harm—without providing clear warnings to consumers as required by Proposition 65. This law mandates that businesses with ten or more employees must inform consumers about significant exposures to chemicals that can cause cancer or reproductive toxicity. "No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning," states Health & Safety Code § 25249.6.

Bell's lawsuit claims that both Paladone Products Inc. and The TJX Companies have been selling these mugs in California since at least March 22, 2024, without the necessary warnings about lead exposure. Lead was listed under Proposition 65 as a carcinogen in October 1992 and as a reproductive toxin in February 1987. The complaint highlights that exposure occurs through dermal absorption when handling the mugs or through ingestion if lead particles are transferred from hand to mouth.

Plaintiff Ema Bell seeks civil penalties against the defendants for their alleged violations of Proposition 65, which allows for fines up to $2,500 per day per violation—potentially reaching $912,000 for each violation over a year. Additionally, Bell requests injunctive relief requiring the defendants to provide proper warnings on their products moving forward. She also seeks reasonable attorney’s fees and costs associated with bringing this action.

Representing Ema Bell are attorneys Evan J. Smith and Ryan P. Cardona from Brodsky Smith law firm based in Beverly Hills, California. The case is presided over by judges at the Superior Court of California in San Francisco under Case No.: CGC-25-623411.

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