california prop 65

Wozniak Settles With Bessey Tools Re: DEHP

September 4, 2015
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Paul Wozniak has negotiated a successful settlement agreement with Bessey Tools in regards to alleged violations of Proposition 65.  Wozniak alleged that Bessey sold clamp grips that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and/or other reproductive harm, without the requisite health hazard warnings.

In addition to paying civil penalties, Bessey has agreed to sell in California only clamp grips that have been reformulated to be virtually free of DEHP.  Grips that do not meet the reformulation requirements will be accompanied by a Proposition 65 warning.  Should Bessey certify to Wozniak that all clamp grips sold in California meet the reformulation requirement, Wozniak has agreed to waive part of the civil fine.

For more details and to read the settlement itself, please see the case summary on our website: Wozniak v. Bessey Tools, Inc.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings

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Moore Files Complaint Against Shaghal and Fry’s Electronics

September 1, 2015
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John Moore has filed a complaint in San Francisco County Superior Court alleging violations of California’s Proposition 65.  Proposition 65 requires that companies offering products for sale in California that contain chemicals known to the State to cause cancer, birth defects, and/or other reproductive harm must provide consumers with a health hazard warning. 

Moore alleges that Shaghal and Fry’s Electronics sold headphones with vinyl/PVC cords that contain the phthalate chemical DEHP, known to the State of California to cause birth defects, without a Proposition 65 warning.

In addition to civil penalties, Moore seeks an injunction to prevent Shaghal and Fry’s from selling headphones with vinyl/PVC cords in California without the appropriate health hazard warning.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings

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Vinocur Negotiates Settlement with Kikkerland Re: DEHP in Earbud Cords

August 28, 2015
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Laurence Vinocur and Kikkerland Design have reached a settlement in regards to alleged violations of Proposition 65.  Proposition 65 requires companies offering products for sale in California that contain the phthalate chemical DEHP to provide consumers with a warning of the risks of exposure.  Vinocur alleges that Kikkerland sold earbud cords without the requisite health hazard warning.  DEHP is known to the State of California to cause birth defects and/or other reproductive harm.

In addition to paying civil penalties, Kikkerland has agreed to sell only earbud cords that have been reformulated to be free of not only DEHP, but additional phthalate chemicals DBP, BBP, and DINP.

For more details and to read the settlement itself, please see the case summary on our website: Vinocur v. Kikkerland Design, Inc.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings

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Moore and Dorman Products Reach Settlement Re: Lead and DEHP

August 25, 2015
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John Moore has successfully negotiated a settlement with Dorman Products in regards to alleged violations of Proposition 65.  Moore alleged that Dorman sold hardware accessories and hand tools that contained the heavy metal lead and the phthalate chemical DEHP without the requisite health hazard warning.

Lead and DEHP are known to the State of California to cause cancer, birth defects, and reproductive harm.  Under Proposition 65 law, companies offering products that contain lead and/or DEHP must provide consumers with a warning of the risks of exposure.

In addition to paying civil penalties, Dorman has agreed to sell in California only those hardware accessories and hand tools that have been reformulated to be virtually free of DEHP and lead.  Should Dorman accelerate their reformulation schedule and certify to Moore that all Dorman’s hardware accessories and hand tools are lead and phthalate-free, Moore has agreed to waive a portion of the civil penalty.

For more details and to read the settlement itself, see the case summary on our website: Moore v. Dorman Products, Inc.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings

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Leeman Files Complaint Against Houghton Mifflin Harcourt

August 21, 2015
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Last week, Dr. Whitney R. Leeman filed a complaint in San Francisco County Court against Houghton Mifflin Harcourt Company and Barnes & Noble alleging violations of Proposition 65.  Leeman alleges that the defendants sold books with covers that contained the heavy metal lead, a chemical known to the State of California to cause cancer, birth defects, and/or reproductive harm, without the requisite health hazard warnings. 

Proposition 65 requires that companies offering products for sale in California that contain lead must provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to civil penalties, Leeman seeks an injunction to prevent the companies from selling any books with covers that contain lead in California without a Proposition 65 warning.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings

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Leeman Issues 18 New 60-Day Notices of Proposition 65 Violation

August 20, 2015
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Dr. Whitney R. Leeman has issued 18 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as cords, electrical tape, and mugs with exterior decorations in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  These citizen enforcers allege that the companies’ products contain the phthalate chemicals DEHP and/or the heavy metal lead.  DEHP and lead are known to the State to cause birth defects and other reproductive harm.  The noticed companies include American Honda Motor Co. and Monoprice.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Charms DEHP Almar Sales Co., Inc. Whitney R. Leeman
Vinyl/PVC Cords; Vinyl/PVC Clamp Grips DEHP American Honda Motor Co., Inc. Whitney R. Leeman
Vinyl/PVC Electrical Tape; Tool Kit Cases with Vinyl/PVC Components; Vinyl/PVC Tool Grips DEHP, Pb Bluecora, Inc.; Monoprice, Inc. Whitney R. Leeman
Vinyl/PVC Zipper Pulls for Eyewear Cases DEHP Chums, Inc. Whitney R. Leeman
Vinyl/PVC Cables DEHP Dee Zee, Inc. Whitney R. Leeman
Vinyl/PVC Extension Cords DEHP Gehr Industries, Inc.; Prime Wire & Cable, Inc. Whitney R. Leeman
Vinyl/PVC Tool Grips; Metal Measuring Tapes DEHP, Pb The Innovak Group, Inc.; Johnson Level & Tool Mfg. Co., Inc. Whitney R. Leeman
Vinyl/PVC Toiletry Bags DEHP Kao USA Inc. Whitney R. Leeman
Vinyl/PVC Speaker Cords DEHP LaRose Industries LLC Whitney R. Leeman
Vinyl/PVC Electrical Tape DEHP NSi Industries, LLC Whitney R. Leeman
Mugs with Exterior Decorations Lead Perseus Books, Inc.; Perseus Books, L.L.C.; Library Publications, Inc.; Running Press Book Publishers Whitney R. Leeman
Vinyl/PVC Inflatable Boot Shapers DEHP Shalom International Corp. Whitney R. Leeman

 

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Moore Files Complaint Against Techtronic Re: DEHP in Gloves and Tools

August 18, 2015
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John Moore has filed a complaint in Alameda County Superior Court against Techtronic Industries North America, Milwaukee Electric Tool Corporation, and Ziemann’s Vision, alleging that the companies violated Proposition 65 by selling gloves and hand tools containing the phthalate chemical DEHP without the requisite health hazard warning.  DEHP is known to the State of California to cause birth defects and/or other reproductive harm.

In addition to civil penalties, Moore seeks an injunction to prevent the defendants from selling gloves or hand tools in California without a Proposition 65 warning.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings

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Leeman Negotiates Settlement With It’s Academic of Illinois

August 14, 2015
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Dr. Whitney R. Leeman has negotiated a successful settlement with It’s Academic of Illinois in regards to alleged violations of Proposition 65.  Leeman had alleged that It’s Academic violated Proposition 65 by selling book covers that contained the phthalate chemical DEHP without the health hazard warning required by Proposition 65.

DEHP is known to the State of California to cause birth defects and/or other reproductive harm, and companies offering products for sale in California that contain DEHP must provide a “clear and reasonable” warning of the risk of exposure.

For more details and to read the settlement itself, please see the case summary on our website: Leeman v. It’s Academic of Illinois, Inc.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings

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Mercy Health and Clinic Settle False Medicare Claims for $5.5M; Whistleblower to Get $825K

August 14, 2015
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Mercy Health Springfield Communities and Mercy Clinic Springfield Communities, formerly St. John’s Health System and St. John’s Clinic, respectively, have agreed to pay $5.5 million to resolve allegations that they knowingly submitted or caused the submission of false claims to federal health care program Medicare, the U.S. Department of Justice announced yesterday.

The settlement resolved allegations that the defendants submitted false claims to the Medicare program for services rendered to patients referred by physicians who received bonuses based on a formula that improperly took into account the value of the physicians’ referrals of patients to the clinic.  Federal law restricts the financial relationships that hospitals and clinics may have with doctors who refer patients to them.

The allegations settled today arose from a lawsuit filed by a whistleblower, Dr. Jean Moore, a physician who is employed by one of the defendants, under the qui tam provisions of the False Claims Act.  Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery.  Dr. Moore will receive $825,000 from the recovery announced today.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Vinocur and First Texas Settle Re: DEHP in Headphones

August 12, 2015
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Laurence Vinocur has negotiated a settlement with First Texas Products, LLC in regard to alleged violations of Proposition 65.  Vinocur had alleged that First Texas sold headphones with vinyl/PVC components that contained the phthalate chemical DEHP without the requisite health hazard warning.  Proposition 65 requires that companies offering products for sale in California that contain chemicals known to the State to cause birth defects and/or reproductive harm, such as DEHP, must provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to paying civil penalties, First Texas has agreed to sell only reformulated headphones that are virtually free of not only DEHP, but additional phthalate chemicals DBP, BBP, and DINP.  All existing inventory shall be sold with Proposition 65 warnings provided.  Vinocur has also agreed to waive part of the civil penalty, as an incentive, should First Texas accelerate its reformulation timeline.

For more details and to read the settlement itself, please see the case summary on our website: Vinocur v. First Texas Products, LLC

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings

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