california prop 65

Wozniak and Nordstrom Reach Settlement Agreement

Submitted by mma on February 2, 2016
February 2, 2016
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Paul Wozniak has negotiated a settlement with popular department store chain Nordstrom in regards to alleged violations of Proposition 65.  Wozniak had alleged that Nordstrom sold drinking glasses with exterior designs that contained the heavy metal lead, known to the State of California to cause cancer, birth defects, and other reproductive harm, without the requisite health hazard warning.

Besides paying civil penalties, Nordstrom has also agreed to provide Proposition 65 warnings on any glasses it sells that contain lead.  Should Nordstrom provide Wozniak with certification by January 31, 2016 that all drinking glasses with exterior designs sold by Nordstrom in California are lead-free, Wozniak has agreed to waive a portion of the fine.

For more details and to read the settlement itself, please see the case summary on our website: Wozniak v. Nordstrom, 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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Brimer Issues 12 New 60-Day Notices of Prop65 Violation

Submitted by mma on January 29, 2016
January 29, 2016
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Our client Russell Brimer has issued 12 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as audio cables, exercise balls, and ceramic mugs in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Brimer alleges that the companies’ products contain the phthalate chemical DEHP and/or the heavy metal lead, both of which are known to the State of California to cause birth defects and other reproductive harm.  Noticed companies include Spectrum Brands, It’Sugar, and Sakar International.

See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Car Phone Mount Suction Cups; Vinyl/PVC Car Phone Mount Suction Cups DEHP, Lead Allstar Marketing Group, LLC Russell Brimer
Vinyl/PVC Audio Cables DEHP Alpha Comm Enterprises, Inc. Russell Brimer
Vinyl/PVC Exercise Balls  DEHP FAM, LLC; Marika, LLC Russell Brimer
Vinyl/PVC Lantern Handles  DEHP HRG Group, Inc.; Spectrum Brands Holdings, Inc.; Spectrum Brands, Inc. Russell Brimer
Mugs with Exterior Designs Lead It’Sugar LLC Russell Brimer
Tumblers with Exterior Designs Lead Kaltex North America, Inc.; Revman International Inc. Russell Brimer
Metal Sprayer Nozzles Lead M. Jacob & Sons Russell Brimer
Vinyl/PVC Poster Carriers  DEHP Mafcote, Inc.; Royal Consumer Products LLC Russell Brimer
Safety Bands with Vinyl/PVC Components; Vinyl/PVC Headphone Cords DEHP Osram Sylvania Inc. Russell Brimer
Vinyl/PVC Handheld Exercise Weights DEHP Sakar International, Inc. Russell Brimer

 

See our most recent 60-Day Notices

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Leeman Files Complaint Against Disston Company

Submitted by mma on January 27, 2016
January 27, 2016
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Dr. Whitney R. Leeman has filed a complaint in Santa Clara County Superior Court against Disston Company, alleging that Disston sold extension cords containing the phthalate chemical DEHP without a Proposition 65 warning.

DEHP is known to the State of California to cause birth defects or other reproductive harm.  Under Proposition 65, companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risks of exposure.

Dr. Leeman seeks civil penalties as well as an injunction to prevent Disston from selling the extension cords without 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

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Moorberg Reaches Settlement with ColArt Americas

Submitted by mma on January 25, 2016
January 25, 2016
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Mark Moorberg has negotiated a settlement with ColArt Americas in regards to alleged violations of Proposition 65.  Moorberg had alleged that ColArt sold art cases containing the phthalate chemical DEHP without the requisite health hazard warning.  

DEHP is a chemical 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 are required to provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to paying civil penalties, ColArt has agreed to sell only art cases that have been reformulated to be free of DEHP.

For more details and to read the settlement itself, please see the case summary on our website: Moorberg v. ColArt Americas 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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TCG Clients Issue 20 New 60-Day Notices of P65 Violation

Submitted by mma on December 30, 2015
December 30, 2015
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Peter Englander, Dr. Anthony E. Held, and Dr. Whitney R. Leeman are closing out 2015 with 20 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as vinyl/PVC gloves, electronics cables, and vinyl/PVC rain coats in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Our clients alleged that the companies’ products contain the phthalate chemical DINP, the phthalate chemical DEHP, and/or the heavy metal lead, all of which are known to the State to cause cancer, birth defects, and other reproductive harm.  The noticed companies include Big Rock Sports, Electrolux, and Oakley.

See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Fuel Pump Nozzles with Vinyl/PVC Covers DEHP Apache Hose & Belting Company, Inc. Peter Englander
Vinyl/PVC Gloves DINP Big Rock Sports, LLC Anthony E. Held
Fuel Pump Nozzles with Vinyl/PVC Covers DEHP Dover Corporation; OPW Fueling Components Inc. Peter Englander
Vacuums with Vinyl/PVC Hoses DEHP Electrolux North America, Inc.; Electrolux Home Products, Inc. Whitney R. Leeman
Vinyl/PVC Cables DEHP Ernie Ball, Inc. Whitney R. Leeman
Hat Luggage Cases with Vinyl/PVC Shoulder Straps DEHP Genesco Inc.; Hat World, Inc.; Lids Corporation Whitney R. Leeman
Vinyl/PVC Electrical Tape DEHP Great Neck Saw Manufacturers, Inc. Whitney R. Leeman
Locks with Vinyl/PVC Cables DEHP Hampton Products International Corporation Whitney R. Leeman
Knee Pads with Vinyl/PVC Components DEHP HD Supply Holdings, Inc.; HDS Holding Corporation; HD Supply, Inc.; HD Supply Holdings, LLC; HD Supply Repair & Remodel, LLC Whitney R. Leeman
Dust Pans with Vinyl/PVC Hand Grips DEHP Horizon Global Corporation; Cequent Consumer Products, Inc.; TriMas Corporation Whitney R. Leeman
Vinyl/PVC Charger Clamp Grips; Vinyl/PVC Cords DEHP LKQ Corporation; Keystone Automotive Operations, Inc.; The Coast Distribution System, Inc. Whitney R. Leeman
Vinyl/PVC Hoses; Metal Hose Fittings  DEHP, Pb Marianna Industries, Inc. Whitney R. Leeman
Backpacks with Vinyl/PVC Components DEHP Oakley, Inc. Whitney R. Leeman
Ottomans with Vinyl/PVC Upholstery  DEHP Stephen Joseph, Inc. Whitney R. Leeman
Vinyl/PVC Rain Coats DEHP Totes Isotoner Corporation Whitney R. Leeman

 

See our most recent 60-Day Notices

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Moore Settles With Site for Sore Eyes re: Eyewear Cases

Submitted by mma on December 28, 2015
December 28, 2015
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John Moore has negotiated a settlement with 3N Optical (dba Site for Sore Eyes) regarding allegations that 3N Optical sold vinyl eyewear cases 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 reproductive harm, and Proposition 65 mandates that companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure.

3N Optical has agreed to pay civil penalties as well as sell only vinyl eyewear cases that have been reformulated to be virtually free of DEHP.  Should 3N Optical accelerate reformulation and provide Moore with written certification that all vinyl eyewear cases sold in California after March 30, 2016 qualify as reformulated, Moore has agreed to waive a portion of the civil fine.

For more information and to read the settlement itself, please see the case summary on our website: Moore v. 3N Optical, 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 American Honda Motor Co.

Submitted by mma on December 23, 2015
December 23, 2015
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Dr. Whitney R. Leeman has filed a complaint against American Honda Motor Co. alleging that the company violated Proposition 65 by selling vinyl/PVC cords and clamp grips that contained the phthalate chemical DEHP without the requisite health hazard warning.  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 that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to civil penalties, Leeman seeks an injunction to prohibit American Honda Motor Co. from selling the vinyl/PVC cords and clamp grips 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

PDFs: 
application/pdf iconc-leemanvamericanhonda-120415.pdf
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Moorberg Files Complaint Re: Holiday Decorations Containing DEHP

Submitted by mma on December 21, 2015
December 21, 2015
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Mark Moorberg has filed a complaint against Impact Innovations alleging violations of Proposition 65.  Moorberg alleges that Impact Innovations sold vinyl/PVC holiday door decorations that contained the phthalate chemical DEHP without the requisite health hazard warning.  DEHP is a chemical known to the State of California to cause birth defects and other reproductive harm.

In addition to civil penalties, Moorberg seeks an injunction to prohibit Impact Innovations from selling vinyl/PVC holiday door decorations 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

PDFs: 
application/pdf iconc-moorbergvimpactinnovations-121815.pdf
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Held Settles With Philips Re: DEHP in Headphones

Submitted by mma on December 16, 2015
December 16, 2015
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Dr. Anthony Held has reached a settlement with Philips Holding and Philips North America in regard to alleged violations of Proposition 65.  Held alleged that Philips sold headphones with earhooks that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and/or other reproductive harm. 

Under Proposition 65, companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure, which Held alleges that Philips failed to do for its headphones.

In addition to paying civil penalties, Philips has agreed to sell in California only headphones with earhooks that have been reformulated to be virtually free of DEHP.  Held has agreed to waive part of the civil penalty, as incentive for Philips to accelerate reformulation, should Philips provide Held with certification that all headphones with earhooks sold in California are DEHP-free by January 30, 2016.

For more details and to read the settlement itself, please see the case summary on our website: Held v. Philips Holding USA Inc., et al.

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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Held Settles with McKesson Re: Gloves

Submitted by mma on December 11, 2015
December 11, 2015
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Dr. Anthony Held and McKesson Corporation have reached a settlement for Proposition 65 violations.  Dr. Held alleged that McKesson sold vinyl/PVC gloves gloves that contained the phthalate chemical DINP, which is known to the State of California to cause cancer.  Under Proposition 65 law, companies offering products for sale that contain DINP must provide consumers with a “clear and reasonable” warning of the risk of exposure, which Dr. Held alleges McKesson failed to provide.

McKesson is a publicly traded provider of pharmaceuticals, medical supplies, and health information technology.  As part of the settlement, McKesson has agreed to not sell any vinyl/PVC gloves in California unless the gloves have been reformulated to be free of DINP or have Proposition 65 warnings provided.  McKesson has also agreed to pay $17,000 in civil penalties, part of which Dr. Held has agreed to waive should McKesson provide certification by January 15, 2016 that all gloves sold in California meet the reformulation requirements.

For more details and to read the settlement itself, please see the case summary on our website: Held v. McKesson Corporation

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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