California Proposition 65

Englander v. Big Lots, Inc., et al

Submitted by mma on July 7, 2015
Date: 
June 30, 2015
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

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

Case PDF: 
application/pdf icons-englandervbiglots-063015.pdf
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
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Leeman Negotiates Settlement with PlanAhead Re: Organizer Covers

Submitted by mma on July 6, 2015
July 6, 2015
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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.

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

Submitted by mma on July 2, 2015
July 2, 2015
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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.

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Wozniak Files Complaint Against Certified International Alleging Lead in Mugs

Submitted by mma on July 1, 2015
July 1, 2015
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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.

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Moorberg and Held Issue 20 New Notices of Proposition 65 Violation

Submitted by mma on June 29, 2015
June 29, 2015
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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

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Northern Tool + Equipment Recalls Little Digger Toy Due to Lead Paint

Submitted by mma on June 26, 2015
June 26, 2015
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Northern Tool + Equipment has issued a recall for the Little Digger Toy, a stationary scooper toy with moveable poles and a red painted steel frame that turns out to contain levels of lead in excess of federal law.  The toy was sold from August 2014 through June 2015 under the Wel-Bilt Brand.

Consumers are urged to immediately stop using the toy, put it out of the reach of children, and contact Northern Tool + Equipment at 888-518-0339 for a full refund.

For more information, please see the recall information at the CPSC website.

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.

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Wozniak Files Suit Against Nordstrom for Lead in Drinking Glasses

Submitted by mma on June 25, 2015
June 25, 2015
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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.

PDFs: 
application/pdf iconc-wozniakvnordstom-062315.pdf
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Held Negotiates Settlement with Jasco Re: DEHP in Electrical Tape

Submitted by mma on June 23, 2015
June 23, 2015
Image: 

Dr. Anthony Held has successfully negotiated a settlement with Jasco Products Company regarding alleged violations of Proposition 65.  Held alleged that Jasco sold vinyl/PVC electrical tape 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 provide a “clear and reasonable” warning to consumers of the risks of exposure.

In addition to civil penalties, Jasco agreed to sell in California only vinyl/PVC electrical tape that has been reformulated to be virtually free of DEHP.  Jasco also agreed to provide the reformulation standards to their suppliers and instruct them to provide compliant products as quickly as possible.

See more details of the settlement on the case summary at our website: Held v. Jasco Products Company 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.

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Brimer Files Suit Against Standard Motor Products Alleging DEHP in Tool Grips

Submitted by mma on June 18, 2015
June 18, 2015
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Russell Brimer has filed a complaint in Santa Clara County Court alleging that Standard Motor Products, Inc. violated Proposition 65 by selling hand tools with vinyl/PVC grips that contain the phthalate chemical DEHP without a health hazard warning.  DEHP is known to the State of California to cause birth defects and/or other reproductive harm, and 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, Brimer seeks an injunction to prevent Standard Motor Products from manufacturing, distributing, or offering the products for sale or use in California without a 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.

PDFs: 
application/pdf iconc-brimervstandardoil-061615.pdf
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Wozniak Achieves Settlement With 99 Cents Stores Re: Lead on Glass Bottles

Submitted by mma on June 15, 2015
June 15, 2015
Image: 

Paul Wozniak has negotiated a settlement with 99 Cents Only Stores regarding alleged violations of Proposition 65.  Wozniak had alleged that 99 Cents Only sold glass bottles with exterior designs containing the heavy metal lead without providing the requisite health hazard warnings.  Lead is known to the State of California to cause cancer, birth defects, and/or other reproductive harm.

In addition to paying civil penalties, 99 Cents Only has agreed to cease selling glass bottles with exterior designs in California unless they have been reformulated to be virtually free of lead.

For more details, please see the case summary on our website: Wozniak v. 99 Cents Only Stores 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.

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