On Monday a case was filed in the Southern District of New York by Best Brands Consumer Products (BBCP) against Public Health and Safety Advocates LLC. The case is regarding allegations that Best Brands hand sanitizer products violated California Constitutional Proposition 65 regarding the inclusion of benzene in consumer products.
BBCP is the manufacturer of the “Star Wars Mandalorian Hand Sanitizer” product, according to the complaint. “On November 9, 2021, Defendant PHSA filed a Proposition 65 lawsuit against Best Brands Sales Company, LLC – a distinctly separate company from BBCP – alleging that the Product contains benzene, and that Best Brands Sales Company knowingly and intentionally exposed purchasers of the Product to benzene without warning, in violation of Prop 65.”
In addition to filing the suit against the wrong entity, BBCP claims that the defendant rushed to suit without requesting testing of the reserve samples for the benzene contamination. BBCP argues that it has sent all of the samples for testing and that no benzene was detected and the defendant has failed to provide any lab reports to support the original allegation.
The plaintiff is suing for declaratory judgment of non violation of Proposition 65, tortious intentional interference with the plaintiff’s business relationship with retailers, intentional interference with prospective economic advantage, and interference with a contractual relationship. The plaintiff is represented by Goldberg & Cohen LLP.
