California Proposition 65

Wozniak and Held Serve 22 New 60-Day Notices of Proposition 65 Violation Re: DINP

Submitted by mma on April 27, 2015
April 27, 2015
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Dr. Anthony Held and Paul Wozniak served 22 new 60-Day Notices of Proposition 65 Violation on Friday to companies offering vinyl/PVC gloves and vinyl/PVC exercise mats for sale 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 DINP, which is known to the State of California to cause cancer.  Some of the noticed companies include Franklin Financial Management, Rite Aid Corporation, and Clark Associates.

See below for a partial list of notices.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Gloves DINP Franklin Financial Management, Inc. Paul Wozniak
Vinyl/PVC Gloves DINP Betty Dain Creations, LLC Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Clark Associates, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Custom LeatherCraft Mfg. Co., Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Exercise Mats DINP ICON Health & Fitness, Inc.; Weider Health and Fitness Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Inteplast Group, Ltd. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP The Meyer Company Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Omar Medical Supplies, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Principle Business Enterprises, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Rite Aid Corporation Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Shelby Group International, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Tender Corporation; CMC Group, Inc.; Century Marketing Corporation Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Tronex International, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Uline, Inc. Anthony E. Held, Ph.D., P.E.

 

See our most recent 60-Day Notices

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Vinocur Negotiates Settlement with Wells Lamont Re: Gloves

Submitted by mma on April 24, 2015
April 24, 2015
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Our client Laurence Vinocur has successfully negotiated a settlement with Wells Lamont regarding alleged violations of Proposition 65.  Proposition 65 requires companies offering products for sale in California to provide consumers with a health hazard warning if the product contains a chemical known to the State to cause cancer and/or reproductive harm.  Vinocur alleged that Wells did not provide such warnings with their gloves that allegedly contained the phthalate chemical DEHP, which is known to the State to cause birth defects and/or other reproductive harm.

In addition to paying civil penalties, Wells agreed to reformulate their gloves be virtually free of DEHP.  Should Wells accelerate this reformulation and provide certification to Vinocur that all gloves qualify as reformulated by May 1, 2015, Vinocur has agreed to waive a substantial portion of the civil penalty.

For more details of the case and to read the settlement, please see the case summary on our website: Vinocur v. Wells Lamont 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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Leeman Settles With Stillwater Re: DEHP in Keychains

Submitted by mma on April 22, 2015
April 22, 2015
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Dr. Whitney Leeman has negotiated a settlement with Stillwater Designs and Audio, Inc. concerning alleged violations of Proposition 65.  Proposition 65 requires companies offering products for sale in California that contain chemicals known to the State of California to cause cancer and/or reproductive harm to provide consumers with a health hazard warning.  Leeman alleged that Stillwater sold keychains containing the phthalate chemical DEHP, which is known to the State to cause birth defects and/or other reproductive harm, without warning consumers of the risks of exposure.

In addition to paying civil penalties, Stillwater has agreed to sell only keychains that have been reformulated to be virtually free of DEHP.  Should Stillwater accelerate the reformulation to take place by September 1, Leeman has agreed to waive a portion of the civil penalty.

Please read more details about the case on our case summary page: Leeman v. Stillwater Designs and Audio, 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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Wozniak Files Complaint Against Big Lots Re: Nylon Cooking Utensils

Submitted by mma on April 17, 2015
April 17, 2015
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Paul Wozniak has filed a complaint in Alameda County Superior Court against Big Lots, Inc. and Big Lots Stores, Inc. alleging violations of Proposition 65.  Proposition 65 requires companies offering products for sale that contain chemicals known to the State to cause cancer and/or reproductive harm to provide consumers with a “clear and reasonable” warning of the risks of exposure.  Wozniak alleges that Big Lots sold nylon cooking utensils containing the cancer-causing chemical 4,4’-Methylenedianiline (4,4’-MDA) without such a warning.

In addition to civil penalties, Wozniak seeks an injunction to prohibit Big Lots from selling any more nylon cooking utensils without the appropriate health hazard warnings.

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-wozniakvbiglots-041415.pdf
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Moorberg Settles With Southern Telecom Re: DEHP in Headphones

Submitted by mma on April 13, 2015
April 13, 2015
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Mark Moorberg has negotiated a settlement with Southern Telecom regarding alleged violations of Proposition 65.  Moorberg alleged that Southern Telecom had sold headphones with vinyl/PVC ear cushions that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and/or other reproductive harm.  Companies offering products for sale in California that contain such chemicals are required by Proposition 65 to provide consumers with a health hazard warning, which Moorberg alleged Southern Telecom did not provide.

In addition to paying civil penalties, Southern Telecom has agreed to sell only headphones that have been reformulated to be virtually free of DEHP.  For other details of the settlement, please see the case summary on our website: Moorberg v. Southern Telecom 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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Leeman Files Complaint Against Office Depot Alleging DEHP in Hand Tools

Submitted by mma on April 10, 2015
April 10, 2015
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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.

PDFs: 
application/pdf iconc-leemanvofficedepot-040815.pdf
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Held Negotiates Settlement with Shurtape Re: DEHP

Submitted by mma on April 6, 2015
April 6, 2015
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Dr. Anthony Held has secured a settlement with Shurtape Technologies, LLC for alleged violations of Proposition 65.  Held alleged that Shurtape 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/or other reproductive harm, and Proposition 65 requires companies offering products for sale that contain such chemicals to provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to paying civil penalties, Shurtape has agreed to reformulate its electrical tape to be virtually free of DEHP.  For more details on the settlement, please see the case summary on our website: Held v. Shurtape Technologies, 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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TCG Clients Serve 23 New 60-Day Notices of Proposition 65 Violation

Submitted by mma on April 1, 2015
April 1, 2015
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Russell Brimer, Dr. Anthony Held, and Dr. Whitney Leeman served 23 new 60-Day Notices of Proposition 65 Violation yesterday to companies offering products such as vinyl/PVC electrical tape, hand tools, and light cords for sale 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 chemicals DEHP and DINP, the chemical benzophenone, 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 Orgill, Inc., Rotary Corporation, and Standard Motor Products, Inc.

See below for a partial list of notices.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Automobile Seat Covers  DEHP Automotive Innovations, Inc. Russell Brimer
Brass Water Hose Connectors Lead Camping World, Inc. Russell Brimer
Vinyl/PVC Eyewear Cases DEHP Eyewear Designs, Ltd. Russell Brimer
Vinyl/PVC Electrical Tape; Vinyl/PVC Gloves DEHP, DINP Genuine Parts Company; Balkamp Inc.; S. P. Richards Company Anthony E. Held, Ph.D., P.E.
LED Light Cords  DEHP The Gerson Company Russell Brimer
Vinyl/PVC Electrical Tape; Vinyl/PVC Gloves DEHP, DINP HBC Holdings, LLC; Howard Berger Co. LLC  Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Hardware Cloth DEHP Itochu International Inc.; PrimeSource Building Products, Inc. Russell Brimer
Vinyl/PVC Coated  Padlocks  DEHP Orgill, Inc. Russell Brimer
Eyelash Curler Grips  DEHP Pacific World Corporation Russell Brimer
Vinyl/PVC Tool Grips  DEHP Privateer Press, Inc. Russell Brimer
Vinyl/PVC Tubing DEHP Rotary Corporation Russell Brimer
Vinyl/PVC Tubing DEHP SKF USA Inc.; Lincoln Industrial Corporation Russell Brimer
Vinyl/PVC Tool Grips  DEHP Standard Motor Products, Inc. Russell Brimer
Vinyl/PVC Earplug Cords DEHP SureFire, LLC Russell Brimer
Vinyl/PVC Keyrings DEHP Templeton Coal Company, Inc.; Dicksons Inc. Russell Brimer

See our most recent 60-Day Notices

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Vinocur Reaches Settlement With Yamaha Re: DEHP in Benches

Submitted by mma on March 30, 2015
March 30, 2015
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Laurence Vinocur has negotiated a settlement with Yamaha Corporation of America regarding alleged violations of Proposition 65.  Vinocur alleged that Yamaha sold benches with vinyl/PVC seats in California that contained the phthalate chemical DEHP, which is known to the State to cause birth defects and/or reproductive harm.  Companies offering products for sale that contain such chemicals are required by Proposition 65 to provide consumers with a “clear and reasonable” warning of the exposure risks, which Vinocur alleged Yamaha failed to do.

In addition to paying civil penalties, Yamaha has agreed to offer for sale in California only benches that have been reformulated to be virtually free of DEHP.  Should Yamaha accelerate the reformulation and provide written certification of this by November 1, 2015, Vinocur has agreed to waive a significant portion of the civil penalty.

For more details of the settlement, see the case summary on our website: Vinocur v. Yamaha Corporation of America

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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Held Negotiates Settlement with Product Quest Re: Sunscreen

Submitted by mma on March 23, 2015
March 23, 2015
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Dr. Anthony Held has secured a settlement with Product Quest Manufacturing LLC in regard to allegations that the company sold sunscreen containing the chemical benzophenone without the requisite health hazard warnings.

Benzophenone is a chemical known to the State of California to cause cancer, and companies offering products for sale in California that contain benzophenone are required by Proposition 65 to provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to civil penalties, Product Quest has agreed to sell only sunscreen that has been reformulated to be virtually free of benzophenone.  Please see the case summary on our website for more details and a copy of the settlement: Held v. Product Quest Manufacturing 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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