The Chanler Group

TCG Clients Serve 10 New 60-Day Notices of Prop 65 Violations

March 13, 2013

TCG clients Peter Englander and Laurence Vinocur today served a total of ten 60-Day Notices of Violation of Proposition 65 on companies offering products for sale in the State of California containing chemicals known to cause cancer or reproductive harm, without first providing a health hazard warning.  These products include hand tools with plasticized or rubber grips containing the phthalate DEHP and furniture containing the flame retardant TCEP.  Some of the companies noticed include Vaughan & Bushnell, Euromarket Designs, and Norstar Office Products.  See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Hand Tool Grips DEHP Vaughan & Bushnell Manufacturing Company; Lowe’s Companies, Inc.; Lowe’s Home Centers, Inc.
 
Englander
Padded Upholstered Furniture including
Chairs
 
TCEP Euromarket Designs, Inc.
 
Englander
Padded Upholstered Stools TCEP Hillsdale Furniture LLC; Furniture USA, Inc.
 
Englander
Padded Upholstered Office/Stack Chairs TCEP Norstar Office Products, Inc.;
Kantor’s Discount Office Furniture and Equipment, Inc.

 
Vinocur
Padded Upholstered Furniture including
Chairs
 
TCEP Schnadig International Corporation
 
Englander
Padded Upholstered Benches TCEP Stein World Operating Company; Connolly’s Furniture-Appliances, Inc.
 
Englander
Padded Upholstered Furniture including
Office Chairs
TCEP Z-Line Designs, Inc.; Fry's Electronics, Inc. Vinocur

 

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

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Citizen Sues Firm For Undisclosed Chemical Use– by True Shields at the Daily Californian

February 2, 2011

Excerpted from the full length article in the Daily Californian:

Recently, five companies, including Anchor Blue, Zappos.com and Smart & Final, have been sued in Alameda County Superior Court by such citizens, who claim the businesses violated California law by failing to warn consumers about carcinogenic or birth-complicating substances in their products.

Anthony Held, a California citizen and engineer, filed a claim against Zappos on Feb. 8 because a pair of sandals the website sells allegedly contains dangerous levels of DEHP, determined by the state to be a carcinogen.

Another figure acting on the public's behalf, John Moore, filed suits on Feb. 15 alleging that four companies' products contain DEHP or DBP, a chemical suspected to cause reproductive toxicity and endocrine disorders.

Both men are represented by The Chanler Group, a law firm with offices in Berkeley that specializes in claims regarding California's Proposition 65.

Under the proposition, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, anyone acting in the public interest can send letters announcing that he or she might sue businesses who do not provide "clear and reasonable warning" of their products' toxicity in accordance with state health and safety code.

All chemicals known to cause health problems are compiled in a list by the state's Office of Environmental Health Hazard Assessment.

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Brimer v. Vandor LLC

Date: 
January 2, 2013
Industry Categories: 

In the enforcement action Brimer v. Vandor LLC, the Alameda County Superior Court entered a Consent Judgment on January 2, 2013.  This resolved citizen enforcer Russell Brimer’s allegations that the defendant Vandor LLC (“Vandor”) sold glassware with colored artwork containing the heavy metals lead and cadmium in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
Plaintiff: 
Brimer
Defendant: 
Vandor LLC
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$30,000-$39,999
Used By: 
Adults
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Brimer v. DMI Sports, Inc.

Date: 
January 24, 2013

The Honorable Ronni B. MacLaren of the Alameda County Superior Court entered a Consent Judgment on January 24, 2013, in Brimer v. DMI Sports, Inc., which resolved citizen enforcer Russell Brimer’s allegations that the defendant DMI Sports, Inc. (“DMI”) sold table tennis sets containing the heavy metal lead and the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
Plaintiff: 
Brimer
Defendant: 
DMI Sports, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$70,000-$79,999
Used By: 
Adults
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Brimer v. The Wheat Group, Inc., et al.

Date: 
January 15, 2013
Industry Categories: 

The Santa Clara County Superior Court entered a Consent Judgment in Brimer v. The Wheat Group, Inc.; et al. on January 15, 2013.  This enforcement action resolved citizen enforcer Russell Brimer’s allegations that the defendant The Wheat Group, Inc. (“Wheat”) sold backpacks containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
Plaintiff: 
Brimer
Defendant: 
The Wheat Group, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$40,000-$49,999
Used By: 
Adults
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Brimer v. Test-Rite Products Corp.

Date: 
January 4, 2013

The Alameda County Superior Court entered a Consent Judgment in Brimer v. Test-Rite Products Corp. on January 4, 2013, which resolved citizen enforcer Russell Brimer's allegations that the defendant Test-Rite Products Corp. ("Test-Rite") sold trolley jack handles with grips containing the heavy metal lead and tools with grips containing lead and the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

Case PDF: 
Plaintiff: 
Brimer
Defendant: 
Test-Rite Products Corp.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Cy Pres
Monetary: 
$160,000 - $169,999
Used By: 
Adults
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Moore v. Stanley Black & Decker, Inc.

Date: 
January 2, 2013

The San Francisco County Superior Court entered a Consent Judgment in Moore v. Stanley Black & Decker, Inc. on January 2, 2013.  This enforcement action resolved citizen enforcer John Moore’s allegations that the defendant Stanley Black & Decker, Inc. (“Stanley”) sold hand tools with grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
Plaintiff: 
Moore
Defendant: 
Stanley Black & Decker, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$50,000-$59,999
Used By: 
Adults
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Held v. Smiles Fashion Corporation, et al.

Date: 
January 3, 2013
Industry Categories: 

In the enforcement action Held v. Smiles Fashion Corporation, et al., the Santa Clara County Superior Court entered a Consent Judgment on January 3, 2013, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.’s allegations that the defendant Smiles Fashion Corporation (“Smiles”) sold belts containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Plaintiff: 
Held
Defendant: 
Smiles Fashion Corporation
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$20,000-$29,999
Used By: 
Adults
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Moore v. Preger & Wertenteil, Inc.

Date: 
February 15, 2013
Industry Categories: 

The Marin County Superior Court entered a Consent Judgment in Moore v. Preger & Wertenteil, Inc., on February 15, 2013, which resolved citizen enforcer John Moore’s allegations that the defendant Preger & Wertenteil, Inc. (“P&W”) sold footwear containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Plaintiff: 
Moore
Defendant: 
Preger & Wertenteil, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$80,000-$89,999
Used By: 
Adults
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Brimer v. Peachtree Playthings, Inc.

Date: 
February 5, 2013

Citizen enforcer Russell Brimer's allegations against settling party Peachtree Playthings, Inc. ("Peachtree") were resolved on February 5, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Peachtree sold vinyl/PVC marker pouches containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

Plaintiff: 
Brimer
Defendant: 
Peachtree Playthings, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Reformulation, Warnings
Monetary: 
$30,000-$39,999
Used By: 
Adults
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