Prop 65 Notices

Prop 65 notice 2018-00486: Kmart Corp.

PRECILA BALABBO filed this California Prop 65 60-day notice on March 30, 2018. It names Kmart Corp. and The Original Car Duster Company Inc. and alleges exposure to Diisononyl phthalate (DINP) from The Original California Car Duster , UPC No. 731522624435.

The violations below are alleged in a 60-day notice. They are not proven. A 60-day notice is not a lawsuit and not a finding of liability.

AG number
2018-00486
Date filed
Noticing party
Plaintiff attorney
Evan J. Smith
Source or product
The Original California Car Duster , UPC No. 731522624435
Last checked
November 11, 2026

What happened after this notice

Reported to the Attorney General by the party that filed the notice, as of November 12, 2026. A settlement is not an admission and not a finding that anyone broke the law.

  1. Civil Complaint,

    Defendant
    The Original California Car Duster Company, Inc.
    Case
    Precila Balabbo v. The Original California Car Duster Co.
    Court
    Alameda County Superior Court, RG19007587
    Relief sought
    Warning, Civil Penalty
    Official document
    PDF at oag.ca.gov
  2. Settlement,

    Defendant
    THE ORIGINAL CALIFORNIA CAR DUSTER COMPANY, INC.
    Case
    Balabbo v THE ORIGINAL CALIFORNIA CAR DUSTER COMPANY, INC
    Court
    Alameda County Superior Court - Hayward, RG19007587
    Total payments
    $17,500.00
    Civil penalty
    $1,500.00
    Attorney fees and costs
    $16,000.00
    Payment in lieu of penalty
    $0.00
    Terms
    Warn or reformulate
    Official document
    PDF at oag.ca.gov
  3. Judgment,

    This judgment was entered on a settlement. Its payment is the settlement's payment and not an added one.

    Defendant
    The Original California Car Duster Company, Inc.
    Case
    Balabbo v. The Original California Car Duster Company, Inc.
    Court
    Alameda County Superior Court, RG19007587
    Total payments
    $17,500.00
    Civil penalty
    $1,500.00
    Attorney fees and costs
    $16,000.00
    Payment in lieu of penalty
    $0.00
    Terms
    The Original California Car Duster Company, Inc. shall not distribute, offer for sale or sell any Product that is not a reformulated Product unless the Product is labeled with a clear Proposition 65 exposure warning.
    Official document
    PDF at oag.ca.gov

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Other notices naming Kmart Corp.

  • Sears Brands LLC and 4 more: Diisononyl phthalate (DINP) in Essential Home Table Protector
    Notice 2018-01168, filed 2018-07-17 by Gabriel Espinosa
  • United States Nutrition Inc. and 1 more: Di(2-ethylhexyl)phthalate (DEHP) in Nature's Origin Aromatherapy Essential Oils Kit, UPC No. 766443717676
    Notice 2018-00498, filed 2018-04-03 by Anthony Ferreiro
  • Baylis and Harding PLC and 1 more: Diisononyl phthalate (DINP) in Baylis & Harding Bag, UPC No. 017854082564
    Notice 2018-00491, filed 2018-04-02 by Ema Bell
  • Kmart Corp. and 1 more: Di(2-ethylhexyl)phthalate (DEHP) in Disney Pop Up Hamper Tote, UPC No. 085214090139
    Notice 2018-00484, filed 2018-03-30 by Precila Balabbo
  • Midwest Can Co., LLC and 1 more: Di(2-ethylhexyl)phthalate (DEHP) in Midwest Can Funnel, UPC No. 079223036257
    Notice 2018-00480, filed 2018-03-29 by Anthony Ferreiro

Recent notices filed by PRECILA BALABBO