California Proposition 65

Vinocur Settles with Sport Squad Re: DEHP in Racquet Cases

December 4, 2015
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Laurence Vinocur and Sport Squad LLC have reached a settlement for alleged Proposition 65 violations.  Proposition 65 requires companies offering products for sale in California that contain chemicals known to the State of California to cause cancer, birth defects, and/or reproductive harm to provide consumers with a warning of the risk of exposure.  Vinocur alleged that Sport Squad did not provide such a warning with racquet cases that contained the phthalate chemical DEHP, known to the State to cause birth defects and other reproductive harm.

In addition to paying civil penalties, Sport Squad has agreed to sell only racquet cases in California that have been reformulated to be virtually free of DEHP.

For more details and to read the settlement itself, please see the case summary on our website: Vinocur v. Sport Squad 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

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TCG Clients Issue 14 New 60-Day Notices

December 2, 2015
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Peter Englander, Dr. Anthony E. Held, and Dr. Whitney R. Leeman have issued 14 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as vinyl/PVC gloves, drinking glasses with exterior designs, and vinyl/PVC hoses 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 Barnes & Noble, Jim Beam Brands, and Kmart Corporation.

See below for a partial list of notices.

Product Chemical Alleged Violator Citizen Enforcer
Earphone Components DEHP Allsop, Inc. Whitney R. Leeman
Vinyl/PVC Art Case Handles DEHP Barnes & Noble, Inc. Whitney R. Leeman
Drinking Glasses with Exterior Designs Pb Beam Suntory Inc.; Jim Beam Brands Co. Whitney R. Leeman
Vinyl/PVC Gloves DINP The Burmax Company, Inc. Anthony E. Held
Mugs with Exterior Designs Pb Frankford Candy LLC Whitney R. Leeman
Vinyl/PVC Fuel Pump Nozzle Grips DEHP Great Plains Industries, Inc. Peter Englander
Glass Canisters with Exterior Designs Pb Home Essentials & Beyond, Inc. Whitney R. Leeman
Vinyl/PVC Hoses; Vinyl/PVC Hoses DEHP Home Products International, Inc.; Home Products International - North America, Inc. Whitney R. Leeman
Vinyl/PVC Ponchos DEHP Paradies Gifts, Inc.; Paradies & Company LLC Whitney R. Leeman
Vinyl/PVC Gloves DINP Kmart Corporation Anthony E. Held
Vinyl/PVC Gloves DINP Smarthealth, Inc. Anthony E. Held
Vinyl/PVC Safety Vests DEHP Sportsman’s Warehouse, Inc. Whitney R. Leeman
Gloves with Vinyl/PVC Components DEHP Tippmann Sports, LLC Whitney R. Leeman

 

See our most recent 60-Day Notices

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Vinocur Settles with Kmart Re: Tent Fabrics Containing TDCPP

November 25, 2015
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Laurence Vinocur has negotiated a settlement with Kmart Corporation over alleged Proposition 65 violations.  TDCPP is a chemical known to the State of California to cause cancer, and Vinocur had alleged that Kmart sold tents and shelters that contained the flame retardant chemical TDCPP without the health hazard warnings required by Proposition 65.

In addition to paying civil penalties, Kmart has agreed to sell only tents and shelters that have been reformulated to be free of not only TDCPP, but the additional flame retardant chemical TCEP.

For more details and to read the settlement itself, please see the case summary on our website: Vinocur v. Kmart 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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Moorberg Files Complaint Against TFI and Big Lots

November 20, 2015
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Mark Moorberg has filed a complaint against TFI, Inc. and Big Lots alleging violations of Proposition 65.  Proposition 65 requires companies offering products for sale that contain chemicals known to the State of California to cause cancer and/or reproductive harm to provide consumers with a health hazard warning.  Moorberg alleges that TFI and Big Lots sold planners with vinyl/PVC covers that contained DEHP without a Proposition 65 warning.  DEHP is known to the State of California to cause birth defects and other reproductive harm.

In addition to civil penalties, Moorberg seeks an injunction to prevent TFI and Big Lots from selling planners with vinyl/PVC covers 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

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Moorberg Files Complaint Against Liberty Glove Alleging DINP in Gloves

November 16, 2015
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Citizen enforcer Mark Moorberg has filed a complaint in Marin County Superior Court alleging that Liberty Glove violated Proposition 65 by selling vinyl/PVC gloves that contained DINP without a health hazard warning.  DINP is known to the State of California to cause cancer, and companies offering products for sale that contain DINP must provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to civil penalties, Moorberg seeks an injunction to prevent Liberty Glove from selling vinyl/PVC gloves 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

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TCG Clients Issue New 60-Day Notices of P65 Violation

November 11, 2015
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Dr. Anthony E. Held, Dr. Whitney R. Leeman, and Laurence Vinocur have issued seven new 60-Day Notices of Violation of Proposition 65 to companies offering products such as sunscreen, handheld exercise weights, and children’s play tents 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 DEHP, which is known to the State to cause birth defects and other reproductive harm, or the chemical benzophenone, which is known to cause cancer.  The noticed companies include Western Family, Bed Bath & Beyond, and M-F Athletic Company.

See below for a partial list of Notices.

Product Chemical Alleged Violator Citizen Enforcer
Sunscreen Benzophenone Western Family Holding Company; Western Family Foods, Inc. Anthony E. Held
Children’s Play Tents TDCPP Bed Bath & Beyond Inc. Laurence Vinocur
Vinyl/PVC Tote Handles DEHP Houdini, Inc. Whitney R. Leeman
Vinyl/PVC Handheld Exercise Weights DEHP M-F Athletic Company Inc. Whitney R. Leeman
Vinyl/PVC Tool Grips DEHP Plews, Inc. Whitney R. Leeman

 

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Moorberg Files Complaint Against Bentex Alleging Lead on Tumblers

November 9, 2015
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Mark Moorberg has filed a complaint in Marin County Superior Court alleging that Bentex Group has exposed citizens of California to the toxic heavy metal lead without the requisite health hazard warning.

Lead is a chemical known to the State of California to cause cancer, birth defects, and/or other reproductive harm, and under Proposition 65, companies offering products for sale that contain lead must provide consumers with a “clear and reasonable” warning of the risk of exposure.  Moorberg alleges that Bentex sold ceramic tumblers with exterior designs that contained lead without the proper warning.

In addition to civil penalties, Moorberg seeks an injunction to prevent Bentex from selling the products 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

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Leeman Issues Thirteen New 60-Day Notices of P65 Violation

October 30, 2015
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Dr. Whitney R. Leeman has issued 13 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as gloves, archery bows, and exercise armbands in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Leeman alleges that the companies’ products contain the phthalate chemical DEHP or the heavy metal lead, which are known to the State to cause birth defects and other reproductive harm.  The noticed companies include Barnett Outdoors, Dillard’s, and Dreamgear.

See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Archery Bows with Vinyl/PVC Grips DEHP Barnett Outdoors, LLC Whitney R. Leeman
Vinyl/PVC Manicure Cases DEHP Dillard’s, Inc. Whitney R. Leeman
Portable Speaker Cases with Vinyl/PVC Cords DEHP Dorel Industries Inc.; Pacific Cycle Inc. Whitney R. Leeman
Exercise Armbands with Vinyl/PVC Straps DEHP Dreamgear, LLC Whitney R. Leeman
Headphones with Vinyl/PVC Components DEHP Forty Four Group LLC; The Lagunitas Brewing Company Whitney R. Leeman
Vinyl/PVC Tool Grips DEHP Murray Corporation Whitney R. Leeman
Vinyl/PVC Gloves DEHP Trident Seafoods Corporation; LFS, Inc. Whitney R. Leeman

 

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Moorberg Settles with W.J. Deutsch & Sons Re: DEHP in Carrying Cases

October 28, 2015
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Mark Moorberg has entered into an out-of-court settlement agreement with W.J. Deutsch & Sons in regards to alleged violations of Proposition 65.  Moorberg alleged that WJD sold carrying cases that contained the phthalate chemical DEHP without the requisite health hazard warnings. 

DEHP is 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 paying civil penalties, WJD has agreed to sell only versions of the product that have been reformulated to be free of DEHP.  As an incentive to accelerate reformulation, Moorberg has agreed to waive part of the civil penalty should WJD accelerate this reformulation and provide Moorberg with certification by January 1, 2016.

For more details and to read the settlement itself, please see the case summary on our website: Moorberg v. W.J. Deutsch & Sons Ltd.

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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John Moore Issues 12 New 60-Day Notices of Prop65 Violation

October 23, 2015
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John Moore has issued 12 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as gloves, headphones, and vinyl/PVC tubing in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Moore alleges that the companies’ products contain the phthalate chemical DEHP, which is known to the State to cause birth defects and other reproductive harm.  The noticed companies include Four Seasons Design, The Hillman Companies, and Tap Plastics.

See below for a partial list of Notices.

Product Chemical Alleged Violator Citizen Enforcer
Gloves with Vinyl/PVC Components DEHP Atlas Copco North America LLC; Chicago Pneumatic Tool Company, LLC John Moore
Headphones with Vinyl/PVC Components DEHP Four Seasons Design, Inc. John Moore
Keychains with Vinyl/PVC Components DEHP Hillman Companies LLC; The Hillman Companies, Inc. John Moore
Gloves with Vinyl/PVC Components DEHP Integrated Supply Network, LLC John Moore
Vinyl/PVC Tool Grips; Vinyl/PVC Tubing DEHP Tap Plastics, Inc., A California Corporation John Moore
Vinyl/PVC Tubing DEHP Xylem, Inc.; ITT Corporation

John Moore

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