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Plaintiff alleges major retailer violated Proposition 65 by selling toxic products

NORTHERN CALIFORNIA RECORD

Friday, May 9, 2025

Plaintiff alleges major retailer violated Proposition 65 by selling toxic products

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

A California woman has taken legal action against a major retail corporation, accusing it of endangering public health by failing to warn consumers about toxic chemicals in its products. Ema Bell filed the complaint on April 22, 2025, in the Superior Court of California, County of San Francisco, targeting Kohl's Inc. for alleged violations related to the sale of products containing lead without proper warnings.

The lawsuit centers around allegations that Kohl's Inc. distributed and sold orange and white bowls manufactured by Bergner US Inc., which allegedly contain lead—a chemical known to cause cancer and reproductive harm according to California's Proposition 65. Proposition 65 mandates businesses with ten or more employees to provide clear warnings if their products expose consumers to harmful chemicals above safe harbor levels. Bell claims that Kohl's failed to comply with these regulations, thereby violating Health & Safety Code § 25249.5 et seq.

Ema Bell argues that the absence of adequate warnings on these products poses significant health risks to consumers who purchase and use them in California. The complaint highlights that lead exposure can occur through dermal absorption when handling the bowls or through ingestion if individuals touch their mouths after contact with the product. The lawsuit further asserts that since at least July 22, 2024, Kohl's has knowingly exposed Californians to this hazardous chemical without providing necessary warnings.

In her pursuit of justice, Bell seeks civil penalties against Kohl's amounting up to $912,000 per violation as stipulated under Proposition 65. Additionally, she requests injunctive relief requiring the company to provide appropriate warnings on its products moving forward. The plaintiff also demands reasonable attorney’s fees and costs totaling $50,000.

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 Judge Sahar Enayati under Case ID CGC-25-62461.

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