California Proposition 65

Leeman Negotiates Settlement with Gekkeikan Sake Re: Lead in Sake Glasses

December 16, 2014
Image: 

Dr. Whitney Leeman has reached a settlement with Gekkeikan regarding the sale of sake glasses and glass decanters with exterior decorations that allegedly contained the heavy metal lead, without the requisite Proposition 65 warning.  Proposition 65 prohibits companies from offering products for sale that contain chemicals known to the State of California to cause cancer and/or reproductive harm, such as lead, without providing consumers with a health hazard warning.

In addition to paying civil penalties, Gekkeikan has agreed not to sell any sake glasses or glass decanters with exterior decorations unless they are virtually free of lead.

For more information, see the case summary on our website: Leeman v. Gekkeikan Sake (U.S.A.), 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.

Cross-Post On: 
Both

Wozniak Files Complaint Against Dollar General Re: DEHP in Various Products

December 12, 2014
Image: 

TCG client Paul Wozniak has filed a complaint against Dollar General Corporation to enforce the California public’s right to be informed of the health hazards caused by exposures to the phthalate chemical di(2-ethylhexyl)phthalate (DEHP) and the heavy metal lead in its products.  Wozniak alleges that Dollar General offered for sale vinyl/PVC storage baskets, vinyl/PVC pencil pouches, and tape measures with vinyl/PVC hand straps containing DEHP without the health hazard warning required by Proposition 65, as well as metal tape measures containing lead.

Wozniak seeks an injunction to prevent Dollar General from continuing to offer these products for sale without a “clear and reasonable” warning, in addition to civil penalties.

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

Rite Aid Certifies to Brimer that Nozzles are Reformulated to be Lead-Free

December 10, 2014
Image: 

Rite Aid Corporation has certified to Russell Brimer and The Chanler Group that Rite Aid now sells only water sprayers with metal nozzles that are virtually lead-free.  As per the settlement agreement, Brimer has agreed to waive the final civil penalty.

Earlier this year, Brimer filed a complaint against Rite Aid alleging that it had violated California consumers’ right to know of the risks associated with being exposed to lead.  You can read more details of the settlement on our website at Brimer v. Rite Aid 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Cross-Post On: 
Both

Held Files Complaint Against Barron’s Educational Alleging DEHP in Book Covers

December 5, 2014
Image: 

Dr. Anthony Held has filed a complaint against Barron’s Educational Series in order to enforce the California public’s right to know of health hazards caused by exposure to di(2-ethylhexyl)phthalate (DEHP) allegedly found in vinyl/PVC book covers sold by Barron’s.  DEHP is a chemical known to the State of California to cause birth defects and/or other reproductive harm, and under Proposition 65 law, companies offering products for sale that contain DEHP must provide consumers with a health hazard warning.

In addition to civil penalties, Held seeks an injunction to prevent Barron’s from manufacturing, distributing, or 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.

Cross-Post On: 
Both

Held Files Complaint Against Best Buy Re: vinyl/PVC ID Cards and Charms

December 1, 2014
Image: 

Our client Dr. Anthony Held has filed a complaint versus Best Buy Co., Inc. alleging that the company failed to warn California citizens about the risks of exposure to di(2-ethylhexyl)phthalate (DEHP) present in and on vinyl/PVC ID cards and charms.  DEHP is a chemical known to the State of California to cause birth defects and/or other reproductive harm, and under Proposition 65 law, companies offering products for sale that contain DEHP must provide consumers with a health hazard warning.

In addition to civil penalties, Dr. Held seeks an injunction to prevent Best Buy from manufacturing, distributing, or offering vinyl/PVC ID cards and charms for sale or use 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.

Cross-Post On: 
Both

Held v. Kimberly-Clark Corporation

Date: 
November 21, 2014
Industry Categories: 

The parties involved in the case Held v. Kimberly-Clark Corporation executed a Consent Judgment on November 21, 2014.  In this matter, citizen enforcer Anthony Held, Ph.D., P.E., alleged that defendant Kimberly-Clark Corporation (“Kimberly-Clark”) sold hearing protection products with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.  

Plaintiff: 
Anthony Held, Ph.D., P.E.
Defendant: 
Kimberly-Clark Corporation
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Held v. Houston's, Inc.

Date: 
November 18, 2014

Whistleblower Anthony Held, Ph.D., P.E. and settling party Houston’s, Inc. (“Houston’s”) entered into an out-of-court Settlement Agreement on November 18, 2014, which resolved Held’s allegations that Houston sold vinyl/PVC aprons containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

Plaintiff: 
Anthony Held, Ph.D., P.E.
Defendant: 
Houston's, Inc.
Type: 
Out-of-Court Settlement Agreement
Relief: 
Reformulation, Warnings
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Brimer v. Grand Star Industrial Limited

Date: 
November 3, 2014
Industry Categories: 

The parties involved in the case Brimer v. Grand Star Industrial Limited executed a Consent Judgment on November 3, 2014.  In this matter, citizen enforcer Russell Brimer alleged that Grand Star Industrial Limited (“Grand Star”) sold travel manicure sets with vinyl/PVC cases containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.  

Case PDF: 
Plaintiff: 
Russell Brimer
Defendant: 
Grand Star Industrial Limited
Type: 
Consent Judgment
Relief: 
Reformulation, Vendor Notification
Monetary: 
$40,000-$49,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Brimer v. Rite Aid Corporation

Date: 
November 12, 2014

The parties involved in the case Brimer v. Rite Aid Corporation executed a Consent Judgment on November 12, 2014.  In this matter, citizen enforcer Russell Brimer alleged that Rite Aid Corporation (“Rite Aid”) sold water sprayers with metal nozzles containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

Plaintiff: 
Russell Brimer
Defendant: 
Rite Aid Corporation
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$50,000-$59,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Held Issues 14 New 60-Day Notices of Proposition 65 Violation

November 26, 2014
Image: 

Client Dr. Anthony Held served 14 new 60-Day Notices of Proposition 65 Violation yesterday to companies offering products such as tools, electrical tape, and sunscreen in California that contain chemicals known to cause cancer and reproductive harm, without the required health hazard warning. Held alleges that the companies' products contain the phthalate DEHP and the chemical benzophenone.  DEHP is known to cause birth defects and reproductive harm, while benzophenone is known to cause cancer. Some of the noticed companies include Bed Bath & Beyond, The Kroger Co., and Whirlpool Corporation.

See below for a partial list of Notices.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Mats DEHP Apache Mills, Inc. Anthony E. Held
Pouches with Vinyl/PVC Zipper Pulls DEHP Bed Bath & Beyond Inc. Anthony E. Held
Safety Vests with Vinyl/PVC Components DEHP The C. H. Hanson Company Anthony E. Held
Tools with Vinyl/PVC Grips DEHP Digital Peripheral Solutions, Inc. Anthony E. Held
Vinyl/PVC Toiletry Cases DEHP Eco Houseware, Inc. Anthony E. Held
Vinyl/PVC Electrical Tape DEHP Jasco Products Company LLC Anthony E. Held
Sunscreen Benzophenone The Kroger Co. Anthony E. Held
Vinyl/PVC Fishing Tool Grips DEHP N C Holdings; Normark Corporation Anthony E. Held
Vinyl/PVC Battery Clamp Cables DEHP Old World Industries, LLC Anthony E. Held
Headphones with Vinyl/PVC Earhooks DEHP Philips Holding USA Inc.; Philips Electronics North America Corporation Anthony E. Held
Vinyl/PVC Electrical Tape DEHP STM Industries, Inc.; Shurtape Technologies, LLC; Shurtech Brands, LLC Anthony E. Held
Stools with Vinyl/PVC Upholstery DEHP Whirlpool Corporation Anthony E. Held

See our most recent 60-Day Notices

Cross-Post On: 
Both
Syndicate content