Source: Kron4.com
USA – SAN FRANCISCO – A decades-old sex shop in San Francisco’s SoMa (South of Market) neighborhood is being sued for allegedly selling mouth gags laced with toxic chemicals without a clear warning label.
A civil case filed on Friday, June 6 by Seven Hills LLP on behalf of Blue Sky Forever says that Mr. S. Leather Co., Incorporated violated a health and safety code for not letting customers know about the dangers of a product called “The Jaw Master Gag” and the “harms caused by exposures to di(2-ethylhexyl) phthalate (“DEHP”), a toxic chemical found in and on gags manufactured, imported, distributed, sold, and offered for sale.”
Mr. S Leather is located at 385 8th St. and has been in business since 1979.
“Detectable levels of DEHP are found in and on the gags Defendants manufacture, import, sell and distribute for sale in California,” the suit adds, saying that exposures to DEHP can cause birth defects and other reproductive issues.
On its website, Mr. S. Leather states, “We’ve been designing and producing exceptional bondage gear as well as leather, neoprene & sports clothing for kinky guys since 1979…When you’re ready for the good stuff – Mr. S Leather is a place you’ll want to check out.”
The court document says the case is actionable, thanks to Proposition 65, and that Mr. S. Leather could face civil penalties of up to $2,500 per day for each violation.
“On October 24, 2003, pursuant to Proposition 65 implementing regulations, the State of California listed DEHP as a chemical known to cause birth defects or other reproductive harm,” says the suit. “DEHP became subject to the “clear and reasonable warning” requirements one year later, on October 24, 2004.”
Mr. S. Leather issued the below statement to KRON4 in response to the lawsuit:
Our only intention was to make a product safer for our customers and, ultimately, more enjoyable to use. A Jennings mouth gag is a metal device that goes behind your teeth and keeps your mouth open. To keep the gag from damaging anyone’s teeth, we had our vendor add a rubber coating to the metal. It was a product we were proud to improve.
Prop65 warnings are required by law when certain chemicals are present, and we were unaware that the rubber added to the gag had any such chemicals. Once we heard that it may, we quickly pulled the item from the shelves and from our website, and we ceased selling it completely. Our products center around people enjoying their bodies, and we treat safety seriously, even if you are using extreme things in the bedroom.
Many everyday consumer items including food can contain chemicals that require Prop65 warnings. For example, some fried food, coffee, rice, and more require warnings in California. Products containing some problematic chemicals are commonplace, and a warning keeps the public informed. We also regret that proper labelling was not caught during our product development.
The lawsuit brought by Blue Sky was filed long after we removed the item from our store.”Jonathan Schroder, CEO of Mr. S. Leather
This story will be updated.
