california prop 65

Englander v. Big Lots, Inc., et al

Date: 
June 30, 2015

Citizen enforcer Peter Englander’s allegations against defendants Big Lots, Inc. and Big Lots Stores, Inc.

Plaintiff: 
Englander
Defendant: 
Big Lots, Inc., Big Lots Stores, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$30,000 - $39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Leeman Negotiates Settlement with PlanAhead Re: Organizer Covers

July 6, 2015
Image: 

Dr. Whitney Leeman has negotiated a successful settlement with PlanAhead regarding alleged violations of Proposition 65.  Leeman alleged that PlanAhead sold organizers with vinyl/PVC covers that contained the phthalate chemical DEHP without the requisite health hazard warning.  DEHP is known to the State of California to cause birth defects and other reproductive harm, and companies offering products for sale that contain DEHP must include a Proposition 65 warning.

In addition to paying civil penalties, PlanAhead agreed to sell only organizers with covers that are not only free of DEHP, but also the phthalate chemicals DBP and BBP, which are also chemicals known to the State of California to cause cancer, birth defects, and/or other reproductive harm.  Should PlanAhead provide certification to Leeman that all its organizers meet these reformulation standards, Leeman agreed to waive a portion of the civil fine.

For more details and to read the settlement itself, please see the case summary on our website: Leeman v. PlanAhead, 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Cross-Post On: 
Both

Moorberg Settles with Tara Toy Corp. Re: Children’s Purses Containing Lead

July 2, 2015
Image: 

Mark Moorberg has negotiated a settlement with Tara Toy Corp. regarding allegations that Tara Toy violated Proposition 65 by selling children’s purses containing the heavy metal lead without the requisite health hazard warning.  Lead is known to the State of California to cause cancer, birth defects, and/or reproductive harm, and companies offering products for sale that contain lead must provide consumers with a warning of the risk of exposure as per Proposition 65.

In addition to paying civil penalties, Tara Toy has agreed to sell in California only children’s purses that have been reformulated to be virtually free of lead.  For more details and to read the settlement itself, please see the case summary on our website: Moorberg v. Tara Toy Corp.

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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Cross-Post On: 
Both

Wozniak Files Complaint Against Certified International Alleging Lead in Mugs

July 1, 2015
Image: 

Paul Wozniak has filed a complaint in Alameda County Superior Court alleging that Certified International Corp. violated Proposition 65.  Wozniak alleges that Certified International sold mugs in California that contained the heavy metal lead, a chemical known to the State of California to cause cancer, birth defects, and/or other reproductive harm.  Under Proposition 65 law, companies offering products in California that contain lead must provide consumers with a “clear and reasonable” warning of the risk of exposure.  Wozniak alleges that Certified International Corp. provided no such warning.

In addition to civil penalties, Wozniak seeks an injunction to prohibit Certified International from selling mugs in California unless they are accompanied by a 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Cross-Post On: 
Both

Moorberg and Held Issue 20 New Notices of Proposition 65 Violation

June 29, 2015
Image: 

Anthony Held and Mark Moorberg issued 20 new 60-Day Notices of Violation of Proposition 65 last week, to companies offering products such as sunscreen, tumblers with exterior designs and vinyl/PVC cutting mats for sale 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 chemical DEHP, the chemical benzophenone, and/or the heavy metal lead.  Benzophenone is known to the State of California to cause cancer, while DEHP and lead are known to the State to cause birth defects and other reproductive harm.  The noticed companies include Fiskars Brands, Misty Mate, and Stanley Black & Decker.

See below for a partial list of notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Nylon Cooking Utensils 4,4'-MDA Acme International Enterprises, Inc.; Bed Bath & Beyond Inc. Paul Wozniak
Vinyl/PVC Chairs DEHP Caravan Canopy Int’l, Inc.; Wal-Mart Stores, Inc. Mark Moorberg
Sunscreen Benzophenone Person & Covey, Inc. Anthony E. Held
Tumblers with Exterior Designs Lead Bentex Group, Inc. Mark Moorberg
Vinyl/PVC Electrical Tape DEHP Berry Plastics Group, Inc.; Berry Plastics Corporation Mark Moorberg
Vinyl/PVC Nets DEHP Cortland Line Manufacturing, LLC; Cortland Line Sales, LLC Mark Moorberg
Vinyl/PVC Cutting Mats DEHP Dahle North America, Inc. Mark Moorberg
Vinyl/PVC Cutting Mats DEHP Fiskars Brands, Inc. Mark Moorberg
Vinyl/PVC Cutting Mats DEHP Hobbico, Inc. Mark Moorberg
Vinyl/PVC Magnifying Glass Handles DEHP Home Essentials & Beyond, Inc. Mark Moorberg
Vinyl/PVC Travel Game Bags DEHP Insect Lore Products Mark Moorberg
Vinyl/PVC Back Stretchers; Vinyl/PVC Toilet Seat Cushions DEHP Jobar International, Inc. Mark Moorberg
Vinyl/PVC Eyewear Cases DEHP LRI Holdings Company, LLC Mark Moorberg
Vinyl/PVC Toiletry Bags DEHP Mann & Bros. Inc. Mark Moorberg
Personal Coolers with Vinyl/PVC Hoses DEHP Misty Mate, Inc. Mark Moorberg
Vinyl/PVC Cases for Sport Diving Training Materials DEHP PADI Worldwide Corp.; PADI Americas, Inc. Mark Moorberg
Vinyl/PVC Cutting Mats DEHP William Prym, Inc.; Prym Consumer USA Inc. Mark Moorberg
Serving Trays with Vinyl/PVC Coverings DEHP Sister Sister, Inc. Mark Moorberg
Vinyl/PVC Tool Pouches DEHP Stanley Black & Decker, Inc.; The Black & Decker Corporation; Black & Decker (U.S.) Inc. Mark Moorberg
Vinyl/PVC Cases DEHP W.J. Deutsch & Sons Ltd.; Deutsch Family Wine & Spirits Mark Moorberg

 

See our most recent 60-Day Notices

Cross-Post On: 
Both

Wozniak Files Suit Against Nordstrom for Lead in Drinking Glasses

June 25, 2015
Image: 

Paul Wozniak has filed a complaint in Marin County Court against Nordstrom alleging violations of Proposition 65.  Wozniak alleges that Nordstrom sold drinking glasses with exterior designs that contain the heavy metal lead.  Lead is known to the State of California to cause cancer, birth defects, and/or other reproductive harm, and Proposition 65 requires companies offering products for sale that contain lead to provide consumers with a health hazard warning.

In addition to civil penalties, Wozniak seeks an injunction to prohibit Nordstrom from manufacturing, distributing, or offering the products for sale or use in California without first providing a “clear and reasonable” warning of the risk of exposure to lead.

Nordstrom, an upscale department store, is a publicly traded company with almost 300 stores nationwide.

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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Cross-Post On: 
Both

Held and Belkin Intl Settle Re: DEHP in Cables

June 1, 2015
Image: 

Anthony E. Held, Ph.D, P.E. and Belkin International, a major manufacturer of consumer electronics and connectivity devices, have reached a settlement agreement for alleged violations of Proposition 65.  Held alleged that Belkin offered for sale in California vinyl/PVC coated cables used with security locks that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and/or other reproductive harm.  Proposition 65 mandates that companies offering products for sale in California that contain such chemicals must provide consumers with a warning of the risk of exposure.

In addition to civil penalties, Belkin has agreed to sell only vinyl/PVC coated cables in California that have been reformulated to be virtually free of DEHP.  Should Belkin accelerate the reformulation and certify to Held that it is complete by August 1, 2015, Held has agreed to waive a part of the civil fine.

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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Cross-Post On: 
Both

Wozniak Negotiates Settlement with Toys ‘R’ Us Over DEHP in Headphones

May 27, 2015
Image: 

Paul Wozniak has successfully negotiated a settlement with major toy retailer Toys “R” Us in regards to alleged violations of Proposition 65.  Wozniak alleged that Toys “R” Us offered for sale headphones with vinyl/PVC ear cushions that contained the phthalate chemical, DEHP, known to the State of California to cause birth defects and/or other reproductive harm.  Under Proposition 65 law, companies offering products for sale in California that contain DEHP must provide consumers with a “clear and reasonable” warning of the risks of exposure, which Wozniak alleged Toys “R” Us did not provide.

In addition to paying civil penalties, Toys “R” Us has agreed to sell only reformulated headphones that are virtually free of DEHP.  Should Toys “R” Us accelerate this reformulation and provide written certification to Wozniak that all headphones sold in California qualify as reformulated by June 30, 2015, Wozniak has agreed to waive a significant portion of the civil penalties.

You can read the settlement itself on the case summary page on our website: Wozniak v. Toys “R” Us

 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Cross-Post On: 
Both

TCG Clients Issue 20 New 60-Day Notices of Violation of Proposition 65

May 22, 2015
Image: 

Anthony Held, Whitney Leeman, John Moore, and Laurence Vinocur collectively issued 20 new 60-Day Notices of Violation of Proposition 65 yesterday, to companies offering products such as hand tools, spoon rests, and gloves for sale 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 DINP and DEHP and/or the heavy metal lead.  DINP is known to the State of California to cause cancer, while DEHP and lead are known to the State to cause birth defects and other reproductive harm.  The noticed companies include Acme United Corporation, Big Lots, and Wright & McGill Co.

See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Tool Grips DEHP Acme United Corporation Whitney R. Leeman
Spoon Rests Pb Big Lots, Inc.; Big Lots Stores, Inc. Whitney R. Leeman
Vinyl/PVC Gloves DINP Big Time Products, LLC Anthony E. Held
Vinyl/PVC Tool Grips DEHP Bon Tool Company John Moore
Vinyl/PVC File Case Handles DEHP C Line Products, Inc. John Moore
Vinyl/PVC Clip Grips DEHP Gibson Overseas, Inc. John Moore
Wrist Braces with Vinyl/PVC Components DEHP McDavid, Inc. John Moore
Vinyl/PVC Hoses DEHP NCH Corporation; Danco, Inc. John Moore
Vinyl/PVC Earphone Cords DEHP Novelty Inc. John Moore
Vinyl/PVC Gloves DINP Safetec of America Inc. Anthony E. Held
Vinyl/PVC Exercise Balls DEHP WBC Group, LLC John Moore
Vinyl/PVC Knife Grips DEHP Wright & McGill Co. John Moore

 

See our most recent 60-Day Notices

Cross-Post On: 
Both

Vinocur Negotiates Settlement with Ross Acquisition Re: Lead on Mugs

May 18, 2015
Image: 

Vinocur has successfully negotiated a settlement with Ross Acquisition regarding alleged Proposition 65 violations.  Earlier this year, Vinocur filed a complaint against Ross alleging that Ross sold mugs with exterior decorations containing the heavy metal lead, without the requisite health hazard warning.  Lead is a chemical known to the State of California to cause cancer, birth defects, and reproductive harm.

In addition to paying $100,000 in civil penalties, Ross has agreed to reformulate its products to be virtually free of lead.  For more details, please see the settlement and case summary on our website: Vinocur v. Ross Acquisition Co.

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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Cross-Post On: 
Both
Syndicate content