California Proposition 65

Brimer v. Dixon Ticonderoga Company

Submitted by T324Admin on February 11, 2013
Date: 
August 20, 2012
Industry Categories: 
Stationery and Office Fasteners, Tools & Supplies
Featured: 
No

On August 20, 2012, citizen enforcer Russell Brimer and settling defendant Dixon Ticonderoga Company ("Dixon") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Dixon sold pen pouches containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconROS_Attach_Dixon.pdf
Plaintiff: 
Brimer
Defendant: 
Dixon Ticonderoga Company
Type: 
Out-of-Court Settlement
Relief: 
Reformulation
Monetary: 
$20,000-$29,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Dollar Empire, LLC

Submitted by T324Admin on February 11, 2013
Date: 
June 22, 2011
Industry Categories: 
Stationery and Office Fasteners, Tools & Supplies
Featured: 
No

On June 22, 2011, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Dollar Empire, LLC, which resolved citizen enforcer Russell Brimer's allegations that the defendant Dollar Empire, LLC ("Dollar Empire") sold vinyl-coated paper fasteners in the State of California containing the heavy metal lead without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconROS_Attach_Dollar_Empire.pdf
Plaintiff: 
Brimer
Defendant: 
Dollar Empire, LLC
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$10,000-$19,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. CVS Pharmacy Incorporated, et al.

Submitted by T324Admin on February 11, 2013
Date: 
August 8, 2011
Industry Categories: 
Hardware, Woodworking Power/Machine and Hand Tools
Featured: 
No

On August 9, 2011, the Marin County Superior Court entered a Consent Judgment in Brimer v. CVS Pharmacy Incorporated, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant CVS Pharmacy Incorporated ("CVS") distributed and/or sold flashlights containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconCVS_flashlights.pdf
Plaintiff: 
Brimer
Defendant: 
CVS Pharmacy Incorporated, et al.
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$40,000-$49,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Central Purchasing, LLC, Harbor Freight Tools USA, Inc.

Submitted by T324Admin on February 11, 2013
Date: 
March 27, 2012
Industry Categories: 
Hardware, Woodworking Power/Machine and Hand Tools
Featured: 
No

On March 27, 2012, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Central Purchasing, LLC, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants Central Purchasing and Harbor Freight Tools USA, Inc. (collectively "Defendants") sold tape measures containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconCP_CJ_executed.pdf
Plaintiff: 
Brimer
Defendant: 
Central Publishing, LLC, Harbor Freight Tools USA, Inc.
Type: 
Consent Judgment
Relief: 
Warnings, Reformulation
Monetary: 
$60,000-$69,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Acme United Corporation

Submitted by T324Admin on February 11, 2013
Date: 
February 1, 2011
Industry Categories: 
Children's Apparel and Fashion Accessories
Featured: 
No

On February 1, 2011, citizen enforcer Russell Brimer and settling defendant Acme United Corporation ("Acme") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Acme sold vinyl accessory pouches containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconacme_united_ros_attach.pdf
Plaintiff: 
Brimer
Defendant: 
Acme United Corporation
Type: 
Out-of-Court Settlement
Relief: 
Reformulation
Monetary: 
$20,000-$29,999
Monetary Relief: 
Civil Penalties
Used By: 
Children
Cross-Post On: 
None

Court Battle Over Safety of Nail Polish

Submitted by T324Admin on February 11, 2013
April 14, 1993

As You Sow filed a lawsuit accusing 14 major cosmetic companies of failing to warn consumers that their nail polish contains potentially unsafe levels of a toxic chemical that causes birth defects. As You Sow seeks to force these companies to place warnings on their products identifying use of toluene, which listed as toxic under California's Proposition 65. "This chemical is known to the state of California to cause birth defects or other reproductive harm. Women deserve to be warned," said Clifford Chanler, As You Sow attorney.

Source: 
The Legal Intelligencer
Cross-Post On: 
None

Sherwin-Williams Co. Settles California Suits on Product Toxins

Submitted by T324Admin on February 11, 2013
March 17, 1994

Sherwin-Williams Co. was fined $1 million in penalties as part of a settlement of lawsuits brought on by As You Sow, alleging violation of California's Prop 65. This particular settlement is part of a broad agreement resulting from multiple suits against Sherwin-Williams and thirty-seven other companies who produce and distribute spray paint and adhesive products. The $1 million fine is the largest penalty to date under Prop 65. Sherwin-Williams plans to explore options in toluene removal and substitution for their products, but for now has agreed to place warning labels on their products identifying the dangerous chemicals.

Source: 
Wall Street Journal
Cross-Post On: 
None

New booklet lists lead-safe ceramic ware

Submitted by T324Admin on February 11, 2013
March 1, 1995

Historically, ceramic dishware has been coated with a glaze containing lead that can potentially be leaked into food, be consumed and may cause clinical lead poisoning. However, due to California's strict laws controlling toxic substances, the use of lead glazes in the industry has significantly dropped. More than 8,000 patterns are currently lead-safe. The Environmental Defense Fund, who have sued multiple major ceramic-ware manufacturers for this violation, issued the latest edition of its brochure, "What You Should Know About Lead in China Dishes" which identifies lead-safe patterns and at home methods to check lead levels.

Source: 
Consumer Reports
Cross-Post On: 
None

Chemical Firm Settles Suit Over Health Warnings– SF Gate

Submitted by T324Admin on February 11, 2013
April 16, 1996

Excerpted from the full length article at SF Gate:

As You Sow filed lawsuit against Ashland Chemical Co. for violations of California's toxic substance law, Proposition 65, for products including cleaning solvents, adhesives, resins and paint thinners. The major chemical company has agreed to put new health warnings on its products and pay up to $1.1 million in fines and expenses as part of their settlement. link to source.

Source: 
San Francisco Chronicle
Cross-Post On: 
None
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