The Chanler Group

New York-based Corning Incorporated has agreed to pay $5.65 million to the U.S. government to resolve allegations that it knowingly presented false claims for laboratory research products it sold to federal agencies through its Life Sciences division.

In 2005, Corning entered a contract to sell laboratory research products to the federal government through a program that provided authorized purchasers with a streamlined procurement process for commonly used goods and services.  The suit alleged that Corning knowingly failed to fulfill its contractual obligation to provide the program with information about its discounts to other customers and made false statements about its sales practices, leading to the government receiving lower discounts and paying more for Corning products than it should have.

The suit was brought under the qui tam, or whistleblower, provisions of the False Claims Act, which allows private citizens to bring suit for false claims on behalf of the government and share in the recovery.  Kevin Jones, a former Corning Life Sciences sales representative, will receive $904,000 as his share of the settlement.

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.

Captain Cutlass Pirate Pistol Toys are being recalled due to their surface paints containing levels of lead that exceed federal safety standards.  The toys were sold at Halloween and specialty stores nationwide from April 2008 through May 2012.  Consumers are advised to stop using the product and contact Dillon Importing for instructions on returning the product for a full refund.

Manufacturers, distributors, or retailers that discover that a product contains a defect that poses a substantial hazard to costumers are required to immediately inform the Consumer Product Safety Commission, who may then mandate a recall or other action.  Interested persons who discover such a defect also have the right to enforce a Consumer Product Safety rule or order, by providing the alleged violating company with a notice that its products are in violation.  The Chanler Group is willing to represent such interested persons.

The L.A. Times reports that the American Chemistry Council (ACC) has filed suit to halt the addition of Bisphenol-A (BPA) to the Prop 65 chemical list.  ACC filed suit in Sacramento against the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA)--the state agency responsible for implementing Proposition 65 and designating chemicals as known to the State of California to cause cancer or reproductive harm--to prevent a health hazard warning requirement from being imposed on the use of BPA in consumer products.  BPA is a chemical used in the lining of food cans and in reusable plastic water bottles, toys and containers.  ACC alleges that OEHHA’s proposed listing of BPA conflicts with the reasoned judgment of scientific experts.  Allan Hirsch, chief deputy director of the EPA's Office of Environmental Health Hazard Assessment, said that a 2008 report of national scientific experts found "clear evidence that BPA causes developmental toxicity in laboratory animals," according to the Times.

The Chanler Group represents citizen enforcers who, acting in the public interest,  enforce each citizen’s right to know when they are exposed to toxic chemicals found in consumer products sold in California and who hold companies accountable for unwarned exposures through imposition of civil penalties and injunctive relief, often requiring the removal of the offensive chemicals. Clients of The Chanler Group have issued dozens of Proposition 65 notices to manufacturers and retailers regarding the presence of toxic chemicals in their products that are sold in California without a warning.

The Consumer Product Safety Commission issued its final rule today regarding phthalates in inaccessible component parts in children’s toys and child care articles.  The Consumer Product Safety Improvement Act of 2008 (CPSIA) permanently prohibits the sale of any “children's toy or child care article” containing more than 0.1 percent of three specified phthalate chemicals: DEHP, DBP, and BBP.   The CPSIA also prohibits, on an interim basis, “toys that can be placed in a child's mouth” or “child care article” containing more than 0.1 percent of three additional phthalates: DINP, DIDP, and DnOP.

The final guidance is that phthalates may be included in children’s toys and child care products so long as they are in inaccessible components.  Components are inaccessible if they are not physically exposed or will not become exposed through reasonably foreseeable use and abuse of the product, such as by swallowing, mouthing, breaking, and aging.  Fabric coverings are considered to be an acceptable barrier unless the component is smaller than 5 centimeters (because it can then be placed in the child’s mouth, and fabric is no longer a barrier once it is wet), and unless the product is a mattress or other sleep surface.  Paints, coatings, and electroplating are not considered to be barriers.

For more than 20 years, The Chanler Group has successfully represented citizen enforcers acting in the public interest to enforce the right to be informed of the presence of chemicals, such as phthalates, contained in consumer products offered for sale without a health hazard warning.  Settlements obtained by TCG clients regarding consumer products have resulted in millions of dollars in civil penalties being paid to the State of California.

UPI reports that a potentially cancer-causing dye was found in student uniforms for 21 schools in Shanghai, China.  The students, for the time being, may attend school in their regular clothes, while officials investigate the uniforms manufactured by the Shanghai Ouxia garment company.  A batch of the uniforms contains aromatic amine dyes, which are banned in China.

Many aromatic amines are known to the State of California to cause cancer, and appear on the Proposition 65 List of Chemicals.  Under Proposition 65, formally known as “The Safe Drinking Water and Toxic Enforcement Act of 1986,” no business may knowingly expose individuals in California to chemicals known to cause cancer or reproductive harm without first providing a health hazard warning.

The Chanler Group represents citizen enforcers who, acting in the public interest,  enforce each citizen’s right to know when they are exposed to toxic chemicals found in consumer products sold in California and who hold companies accountable for unwarned exposures through imposition of civil penalties and injunctive relief, often requiring the removal of the offensive chemicals. Clients of The Chanler Group have issued dozens of Proposition 65 notices to manufacturers and retailers regarding the presence of toxic chemicals in their products that are sold in California without a warning.