california prop 65

Laurence Vinocur has filed a complaint in Marin County Superior Court against Ross Acquisition Co. alleging Proposition 65 violations regarding the presence of lead found on mugs with exterior designs sold in the State of California.  Lead is a chemical known to the State to cause cancer, birth defects, and/or reproductive harm, and under Proposition 65 law companies offering products for sale that contain lead must provide consumers with a warning of the risk of exposure.  Vinocur alleges that Ross did not provide such health hazard warnings.

In addition to civil penalties, Vinocur seeks an injunction to prevent Ross from manufacturing, importing, distributing, selling, and/or offering mugs with exterior decorations for sale 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Dr. Whitney Leeman has filed a complaint in Marin County Superior Court alleging that Office Depot violated Proposition 65 by selling 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, and Proposition 65 requires companies offering products that contain DEHP to provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to civil penalties, Leeman seeks an injunction prohibiting Office Depot from selling the products 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Dr. Anthony Held, John Moore, Laurence Vinocur, and Paul Wozniak served 16 new 60-Day Notices of Proposition 65 Violation today to companies offering products such as headphones, glass beverage dispensers, and cosmetic cases in California that contain chemicals known to the State to cause cancer and reproductive harm, without the required health hazard warning.  These citizen enforcers allege that the companies' products contain the phthalate chemical DEHP and/or the heavy metal lead, which are known to the State of California to cause birth defects and reproductive harm.  Some of the noticed companies include Meijer Companies, First Texas Products, and Intracom.

See below for a partial list of notices.

See our most recent 60-Day Notices

Our client Dr. Whitney R. Leeman has filed a complaint in San Francisco County Superior Court against Newegg Inc., Magnell Associate, Inc., and Rosewill Inc. alleging a Proposition 65 violation.  The companies allegedly sold headsets with vinyl/PVC cords containing di(2-ethylhexyl)phthalate (DEHP), in California, without a health hazard warning.  DEHP is a chemical known to the State of California to cause birth defects and/or other reproductive harm, and companies selling products in California that contain DEHP must provide consumers with a “clear and reasonable” health hazard warning.

Dr. Leeman seeks an injunction to mandate that Newegg et al. recall all products currently in the supply chain without a Proposition 65 warning, and also to prevent the companies from selling headsets with vinyl/PVC cords in California without the 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.

TCG client Anthony Held, Ph.D, P.E., has negotiated a settlement with Kinco, LLC dba Kinco International in regards to vinyl/PVC gloves containing di(2-ethylhexyl)phthalate (DEHP) that were allegedly sold in California without the requisite health hazard warnings.  DEHP is a chemical known to the State of California to cause birth defects and other reproductive harm, and under Proposition 65 law, companies offering products for sale containing DEHP must provide consumers with a “clear and reasonable” warning.

As part of the settlement agreement, Kinco will pay $10,000 in civil penalties, 75 percent of which go to the State of California for public health and the environment.  Kinco has also agreed not to sell any vinyl/PVC gloves in California unless the gloves have been reformulated to be virtually free of DEHP.  Should Kinco provide certification to The Chanler Group by November 15, 2014 that all their vinyl/PVC gloves sold in California qualify as reformulated, Held has agreed to waive a portion of the civil fine.

For more details, please see the settlement and case summary on our website: Held v. Kinco, 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.