The Chanler Group

Exposure to Carbon Monoxide Pollution in the Air May Lead to Birth Defects

April 23, 2013

A study carried out in California’s San Joaquin Valley demonstrated a possible link between high air pollution and birth defects.  The results were posted in The American Journal of Epidemiology.

Even adjusted for smoking, maternal age, multivitamin use, and other variables, researchers found that a mother living in areas with the highest levels of carbon monoxide or nitrogen oxide was almost twice as likely to give birth to a child with birth defects as one living in areas with the lowest concentration.  Exposure during the first two months of gestation seemed to carry the greatest risk.

In urban areas, carbon monoxide is chiefly released from car exhaust, but is also released from tobacco smoke and burning wood, charcoal, garbage, or other fuels.  Carbon monoxide can be released from malfunctioning gas heaters and stoves, as well as fireplaces.  Carbon monoxide has been designated a chemical known to the State of California to cause birth defects and other reproductive harm since July 1, 1989.

Amy Padula, a Stanford researcher and lead author of the study, said that more research was needed before they could make any clinical recommendations to pregnant women.

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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Sacred Heart Hospital Execs Arrested for Medicare Referral Kickback Conspiracy

April 22, 2013

On April 16, the owner and another senior executive of Chicago’s Sacred Heart Hospital and four physicians affiliated with the facility were arrested in connection with a Medicare and Medicaid kickback and fraud scheme, the U.S. Department of Justice reported.

Edward J. Novak, Sacred Heart’s owner and chief executive officer, and Roy M. Payawal, Sacred Heart’s executive vice president and chief financial officer, allegedly engaged in a number of kickback and Medicare and Medicaid fraud schemes.  They allegedly paid kickbacks to physicians to refer Medicaid and Medicare patients to the hospital, with the kickbacks disguised as rent check payments, physician ghost contracts for duties without any real responsibilities, or payments for teaching nonexistent medical students, among other things.  Sacred Heart also allegedly billed Medicare for unnecessary emergency room care and unnecessary tracheotomy procedures.

“The arrests should send a chilling message both to health care executives and physicians: If you pay or accept kickbacks, big trouble follows,” former federal prosecutor Michael A. Hirst, said to the Report on Medicare Compliance journal.  Michael Hirst works for the Hirst Law Group in Davis, Calif., a firm affiliated with The Chanler Group.

The investigation is ongoing.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Environmental Law Firm Holds Top Furniture Manufacturers Accountable For Toxic Chemicals— at mfrtech.com

April 19, 2013

Excerpted from full article at mfrtech.com:

On behalf of its clients, The Chanler Group has also filed lawsuits against nine major manufacturers and retailers, demanding action be taken to properly label their products in compliance with California's Proposition 65. The lawsuits come after previously served Sixty-Day Notices of Violation expired without being enforced by public prosecutors. Companies facing lawsuits include Officemax Inc., Ross Stores Inc., and Kinwai USA.

The Chanler Group and its clients immediately began an investigation of TDCPP after it was listed by OEHHA in October of 2011. This investigation, conducted throughout the one-year listing period, uncovered numerous products containing high levels of Tris that were being sold in California without health hazard warnings.

TDCPP and TCEP are commonly added to household furniture to meet National Fire Safety Standards. Prop 65 requires companies to provide proper consumer warnings for all products containing toxic chemicals listed under the Act.

“Our goal is to protect the public from unwarned exposures to hazardous chemicals by enforcing the requirements of Prop 65,” said Clifford Chanler, founder and spokesperson for The Chanler Group.  “TDCPP is a dangerous chemical found in common household furniture such as couches, stools, and ottomans. It was important to us that we file these notices in a timely manner to make consumers aware of the presence of these toxins.” link to source

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The Chanler Group Presents at Annual Prop 65 Conference

April 18, 2013

Attorneys, scientists, nonprofits, and government officials gathered in San Francisco on Monday, April 8, 2013 at the annual Proposition 65 Conference held by the Prop 65 Clearinghouse to discuss the latest issues and developments in Proposition 65 compliance, enforcement, and defense.  Among the attendees were attorneys from The Chanler Group, including Josh Voorhees, who was a featured panelist during one of the afternoon sessions.

The conference agenda included presentations and panels on Proposition 65 compliance, chemical exposure assessments, recent actions taken by California’s Office of Environmental Health Hazard Assessment, the role of the California Attorney General in Proposition 65 enforcement, and quality assurance.  Members of the plaintiffs’ and defense bars, as well as individuals from the scientific community, collaborated to shed some light on these topics.

Josh Voorhees presented during a session entitled, “Settling Out of Court: Who Benefits?” moderated by the Hon. William Cahill (Ret.).  Mr. Voorhees was joined on the panel by Robert Bader, Kathryn Edwards, and Robert Hines, who engaged in a discussion of the benefits and challenges of out of court settlements, followed by questions and answers from the audience.

The Chanler Group was one of nine premium sponsors of the Prop 65 Conference.

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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Standards & Compliance Briefing: OfficeMax, Ross Lawsuits; Chinatrust; WEEE Overhaul— at Environmental Leader

April 18, 2013

Excerpted from the full article at the Environmental Leader:

OfficeMax, Ross Stores and Kinwai USA are among the nine manufacturers and retailers that law firm The Chanler Group is suing under California’s Proposition 65. The group has also served more than 100 violation notices on leading furniture manufacturers and retailers, including Ashley Furniture, Best Buy, Costco, Kohl’s, Pier 1 and the TJX Companies, alleging the unlabelled use of flame retardants TDCPP and TCEP (both also known as Tris).  link to source

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Firm to list companies that come up ‘clean' on Prop 65— by Heath E. Combs at Furniture Today

April 18, 2013

Excerpted from full article at Furniture Today:

Proposition 65 legal firm The Chanler Group says it plans to publish a list of furniture manufacturers that have come up "clean" in testing for toxic flame retardants.

The Chanler Group has served more than 100 sixty-day notices of violation on furniture manufacturers alleging the presence of the flame retardant chemicals TDCPP and TCEP in their products, according to Clifford Chanler, founder of The Chanler Group.

Thus far in 2013, about 140 total notices for furniture violations of Prop 65 have been issued.

The notices filed give furniture suppliers 60 days to respond, after which the attorney general can decide to pursue civil cases. As the first 60-day notices expired last month, the first civil court case complaints followed.

Prop 65 is a state law requiring point-of-sale notification by manufacturers to consumers of chemicals known to the state to cause cancer, birth defects or from reproductive harm. The law, passed in 1986, doesn't require elimination of the chemical, but allows citizen plaintiffs to cite companies for lack of proper notice for listed chemicals.

TDCPP is used in foam to help meet California's TB 117 upholstery flammability standard - a standard the state is in the process of revising.

The Chanler Group plans to release details soon on the first settlement in a TDCPP Prop 65 notification this year, which should give companies guidance on how the firm will handle complaints, Chanler said. link to source

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TCG Clients’ Complaints Re: Flame Retardants Proceed in State Court

April 17, 2013

Last month, Peter Englander, John Moore, and Laurence Vinocur, clients of The Chanler Group, commenced Proposition 65 private enforcement actions against manufacturers, distributors, and retailers of upholstered furniture, alleging that the products offered for sale by these entities  contain the flame retardant TDCPP,  chemicals known to the State of California to cause cancer. 

Proposition 65 mandates that companies selling products in California that contain chemicals known to the State to cause cancer, birth defects, or reproductive harm must first provide consumers with a health hazard warning.  Peter Englander, John Moore, and Laurence Vinocur allege that the companies named in their complaints failed to warn consumers of the health hazards associated with TDCPP in their products.

See below for links to the complaints.

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Chanler Group Serves Over 100 Prop 65 Notices On Flame Retardants

April 16, 2013

The Chanler Group has served more than 100 “Sixty-Day Notices of Violation” on leading furniture manufacturers alleging the presence of flame retardants TDCPP and TCEP, referred to more simply as Tris, in their products.  The Chanler Group’s clients, Peter Englander, Laurence Vinocur, and John Moore assert that unwarned exposure to Tris is a violation of Proposition 65, California’s unique right-to-know statute.  TDCPP was added to the list of toxic chemicals known to the State of California to cause cancer in October 2011 under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

On behalf of its clients, The Chanler Group has also filed lawsuits against nine major manufacturers and retailers, demanding action be taken to properly label their products in compliance with California’s Proposition 65.  The lawsuits come after previously served Sixty-Day Notices of Violation expired without being enforced by public prosecutors.  Companies facing lawsuits include Officemax Inc., Ross Stores Inc., and Kinwai USA.

The Chanler Group and its clients immediately began an investigation of TDCPP after it was listed by OEHHA in October of 2011.  This investigation, conducted throughout the one-year listing period, uncovered numerous products containing high levels of Tris that were being sold in California without health hazard warnings.

TDCPP and TCEP are commonly added to household furniture to meet National Fire Safety Standards. Prop 65 requires companies to provide proper consumer warnings for all products containing toxic chemicals listed under the Act.

“Our goal is to protect the public from unwarned exposures to hazardous chemicals by enforcing the requirements of Prop 65,” said Clifford Chanler, founder and spokesperson for The Chanler Group.  “TDCPP is a dangerous chemical found in common household furniture such as couches, stools, and ottomans.  It was important to us that we file these notices in a timely manner to make consumers aware of the presence of these toxins.”

Upon the expiration of the one-year listing period in October 2012, the Chanler Group began more substantive investigations, including purchasing certain products known to contain polyurethane foam, a component to which TDCPP can be added. The Chanler Group has since issued over 100 notices to many furniture retailers and manufacturers including Ashley Furniture, Basset Furniture, Best Buy, Costco, Flexsteel Industries, Kohl’s Department Stores, Officemax, Pier 1, Ross Stores, and The TJX Companies.

Prior to legal action, each item was thoroughly tested for the presence of Tris Phosphate by a certified laboratory.  “The group and its clients have independently purchased and tested hundreds of products that contain chemicals known to violate Prop 65. Of those products tested, a significant portion contained levels of TDCPP that necessitate a consumer warning,” said Chanler. 

It appears that TDCPP and TCEP are intentionally added to the products that the firm’s clients have investigated, and it is anticipated that the majority of proposed future settlement agreements will initiate reformulation of the products so that there is no “detectable” TDCPP or TCEP in the commercial items.

The Chanler Group partnered with Moscone Emblidge Sater & Otis on 12 of the notices, and the two law firms will move forward together should the manufacturers fail to comply with Proposition 65 in the given 60-day window.  Moscone Emblidge Sater & Otis is a San Francisco-based law firm with experience in a wide range of practice areas, including business litigation and public affairs. 

The Chanler Group represents citizen enforcers and whistleblowers to promote awareness of toxic chemicals found in our everyday environment and to enhance the health of the general public by advocating for the removal of chemicals known to cause cancer or reproductive harm from consumer products.  The Chanler Group and its clients apply over 20 years of knowledge and experience to their ongoing enforcement activities with the goal of holding those responsible for toxic exposures accountable for their violations of state and federal law. 

The Chanler Group’s clients have also negotiated the reformulation of hundreds of commonly used products with their manufacturers, eliminating chemicals known to cause cancer or birth defects.  Some of those manufacturers now produce only non-toxic products.  Additionally, The Chanler Group has been instrumental in generating over $100 million in civil fines and other funds for projects that educate children, workers and consumers about precautions they can take to significantly reduce toxic chemical exposure. The Chanler Group’s ongoing efforts effectuate change for a cleaner environment.

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TCG Clients Issue 13 New 60-Day Notices Re: Phthalates and Flame Retardants

April 11, 2013

Peter Englander, John Moore, and Laurence Vinocur--clients of The Chanler Group--today served thirteen 60-Day Notices of Violation of Proposition 65 on companies offering furniture and other products for sale in California that contain chemicals known to cause cancer or reproductive harm, without the required health hazard warning.  TCG's citizen enforcers allege that the companies' products contain the phthalate DEHP and the flame retardant chemicals TDCPP and TCEP.  DEHP is known to cause birth defects and reproductive harm, while TDCPP and TCEP are known to cause cancer.  Some of the noticed companies include Bexco Enterprises, Toys R Us, and Lifestyle Solutions.

See below for a partial list of notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Padded Upholstered Furniture including Ottomans
 
TDCPP Bexco Enterprises, Inc. Englander
Nursing Pillows TDCPP Kids II, Inc.; Toys "R" Us, Inc.
 
Vinocur
Padded Upholstered  Sofas
 
TDCPP Style-Line Furn., Inc.; J. C. Penney Company, Inc. Englander
Padded Upholstered Furniture including Chairs
 
TDCPP Theodore Alexander USA, Inc. Englander
Vinyl/PVC Coffee Tables DEHP Lifestyle Solutions, Inc.
 
Englander
Chairs with Vinyl/PVC Seats DEHP Unaka Company, Incorporated; Meco Corporation Vinocur

 

Read the most recent notices issued by clients of The Chanler Group

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Seven States Introduce Laws to Limit Use of Toxic Flame Retardants

April 11, 2013

Rising public concern and the Chicago Tribune’s investigative series on the toxic nature of common flame retardants found in upholstered foam furniture has given rise to new state legislation aimed at restricting or banning these flame retardant chemicals, Prop 65 News reported recently.

California, Connecticut, Maryland, Massachusetts, New Jersey, Vermont, and Washington have all introduced legislation that would ban or restrict the use of flame retardant chemicals known as chlorinated Tris (including TDCPP and TCEP), with a few directed at other flame retardant chemicals such as PBDEs and decaBDE.  Many of the proposed bills ban the use of specific flame retardant chemicals in children’s and infant care products.  These flame retardant chemicals are released from the furniture and end up in household dust, which is then swallowed by pets, children, and adults.

The flame retardant chemicals TDCPP, TCEP, and TDBPP have been designated by the State of California as known to cause cancer.  Under Proposition 65, consumer products containing chemicals known to cause cancer cannot be offered for sale in California unless a health hazard warning is provided.  The Chanler Group’s citizen enforcer clients have issued dozens of 60-Day Notices of Violation to furniture manufacturers and retailers, alleging the manufacture and sale of products containing TDCPP or TCEP in California without the required health hazard warning.

A proposed revision to California’s Technical Bulletin 117, governing fire safety standards in furniture, may lead to reform in the furniture manufacturing industry.  At present, TB-117 requires that all upholstered foam furniture be able to withstand 12 seconds of a small open flame, such as from a candle.  The revision, TB-117-2013, proposes changing the fire safety standard to require a smolder test on the upholstery rather than an open flame test on the foam, and may lead to a decrease in flame retardant chemicals in residential furniture.

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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