The Chanler Group

TCG Clients Use Contempt Proceedings to Continuously Enforce Settlement Agreements to Reduce Chemicals and Provide Warnings

August 10, 2012

Beginning in late-2005, Dr. Whitney Leeman, a client of The Chanler Group, began investigating risks to human health from cancer-causing chemicals found in flame-cooked hamburgers sold in restaurants.  When meat is cooked over an open flame, chemicals called polycyclic—pronounced polly ∙ sigh ∙ click—aromatic hydrocarbons, or PAHs for short, are formed.  PAHs include several different chemicals, including benzo[a]pyrene (“BaP”), one of the most potent PAH chemicals, which is known to the State of California to cause cancer.  PAHs that deposit on the flame-cooked meat during cooking wind up in the body when consumers eat charbroiled hamburgers.  After uncovering PAHs in charbroiled hamburgers sold in several different restaurants, Dr. Leeman initiated Proposition 65 actions against the restaurant owners, ultimately reaching settlements in most cases.  Through the settlements, the restaurant owners either agreed to install a new type of broiler oven which prevents the formation of PAHs, or provide their customers with clear and reasonable warnings about the presence of PAHs in the flame-cooked burgers they sell.  Through the efforts of Dr. Leeman and The Chanler Group, settlements to protect the public against exposure to PAHs in flame-cooked burgers were reached with fast food mega-chains like Burger King and Carl’s Jr.

Even after the restaurants agree to modify their broiler ovens or provide warnings to customers regarding the presence of PAHs in their flame-cooked burgers, Dr. Leeman and The Chanler Group continue to monitor the restaurants to ensure that the public is protected against exposure to PAHs, and that the restaurants comply with these settlements.  In other types of Proposition 65 actions initiated by The Chanler Group clients, when companies are found to be in violation of court-approved settlements, sometimes years after agreeing to remedy the violations of Proposition 65, The Chanler Group’s clients will not hesitate to return to court to enforce the agreements.  When companies have violated Proposition 65 settlements they have agreed to, The Chanler Group's clients have successfully brought what are known as “contempt proceedings.”  

In contempt proceedings, The Chanler Group presents evidence on behalf of its clients showing that the company has entered into a binding settlement agreement, entered by the court as a Consent Judgment, and that subsequently, the company again sold products containing the same chemical known to cause cancer, birth defects, or other reproductive harm, in violation of the agreement.  In one recent case in which The Chanler Group initiated contempt proceedings, the court issued an order to the company selling products in violation of the Consent Judgment, ordering the company to explain why it should not be held in contempt by the court.  Before the court even found the company in contempt, the company entered into a new settlement agreement in which it agreed to reformulate its products to eliminate the presence of lead, agreed to pay additional civil penalties under Proposition 65 for its violations, and agreed to reimburse The Chanler Group for the attorneys’ fees and costs incurred in the proceedings.

Read the settlement agreement below entered into between The Chanler Group’s client, Russell Brimer, and Aramco, after the California Superior Court for Alameda County issued an order requiring Aramco to explain why it should not be held in contempt for selling products in violation of the Consent Judgment. 

Admin Notes: 
PDF of 12/16/11 OSC, starts at p. 4 of I:\Legal\Cases\BRIMER\Aramco\Aramco_NOE_OSC Re Contempt_121911.pdf
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Legal Challenge to Attorney General's Authority to Regulate Procedure in Proposition 65 Cases

August 30, 2012

Does the California Attorney General's Office have the power to unilaterally rewrite state law to require that Proposition 65 plaintiffs provide a whopping 45 days' notice for motions to approve settlements, instead of the statutorily allowed 16 days' notice? Dr. Anthony Held, Russell Brimer, and John Moore, clients of TCG, have challenged the Attorney General's regulation (11 CCR - 3003), which does re-write statutory law for these motions, contending that this regulation exceeds the Attorney General's authority and unlawfully conflicts California Code of Civil Procedure.

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.

Admin Notes: 
PDF of file-stamped complaint
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Court Approves Plaintiffs' Attorney Fees In Fashion Accessory Settlement Involving Over 100 Companies

September 27, 2012

On September 27, 2012, having previously approved an unprecedented settlement obtained by TCG clients Dr. Anthony Held and John Moore from more than 100 manufacturers, distributers, and retailers of fashion accessories, the San Francisco Superior Court approved the plaintiffs' recovery of $2.3 million in attorneys' fees after finding the amount was reasonable under California law. 

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.

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Keeping Your Children Safe From Toxins on Halloween

October 2, 2012

On October 2, 2012, Dr. Anthony Held, a TCG client, obtained approval of an unparalleled settlement with manufacturers of Halloween costumes, accessories, and décor. Through the settlement manufacturers have agreed to reformulate their products to virtually eliminate the presence of seven chemicals known to cause cancer or reproductive harm including: arsenic, cadmium, phthalates, formaldehyde, and lead.

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.

Admin Notes: 
PDF of file-stamped CJ; hover definition of phthalates as a plasiticizer used in flexible plastic and vinyl products, including clothing and fashion accessories
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Keeping The Public Safe From Chemicals in Grips on Tools and Utensils

October 23, 2012

On October 23, 2012, a court approved a ground-breaking settlement involving garden tools, hand tools, and kitchen utensils in a case brought by Russell Brimer, Peter Englander, and John Moore, clients of TCG. Sixteen consumer manufacturers have agreed to reformulate the grips on the tools and utensils to eliminate the presence of certain chemicals known to cause reproductive harm, such as lead or phthalates.

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.

PDFs: 
Admin Notes: 
PDF of Judgment
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Dr. Leeman's Ongoing Efforts to Protect the Public from Chemicals in Flame-Cooked Burgers

July 31, 2012

In early July 2012, Dr. Whitney Leeman, a client of TCG, began issuing Proposition 65 notices to restaurants and resorts selling flame-cooked burgers containing chemicals known to cause cancer. These efforts are a continuation of Dr. Leeman's ongoing work, which she commenced more than seven years ago, to reduce or eliminate toxins in flame-cooked burgers.

It was in late 2005 that Dr. Leeman began investigating risks to human health from cancer-causing chemicals found in flame-cooked hamburgers sold in restaurants. When meat is cooked over an open flame, chemicals classified under polycyclic aromatic hydrocarbons (PAHs) are emitted which are known to cause cancer and other reproductive/developmental health problems.

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.

Admin Notes: 
PDF of File-Stamped Burger King CJ
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U.S. Department of Justice Reports False Claims Act Recovers Nearly $5 Billion in 2012

December 4, 2012

The U.S. Department of Justice announced today that it has secured $4.9 billion in settlements and judgments in civil cases involving fraud against the government in the fiscal year ending September 30, 2012. This figure tops the Justice Department's 2011 recoveries by $1.7 billion. Of the $4.9 billion in fiscal year 2012 recoveries, a record $3.3 billion was recovered in whistleblower suits. In fiscal year 2012 alone, relators filed 647 qui tam suits. Since 1986, whistleblowers have been awarded nearly $4 billion, with $439 million in awards in fiscal year 2012.

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 uncover fraud of every kind perpetrated against our 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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Secretary of Labor announces Whistleblower Protection Advisory Committee to Help Protect Whistleblowers

December 13, 2012

The U.S. Secretary of Labor announced the creation of the Whistleblower Protection Advisory Committee (WPAC), to advise, consult with and make recommendations to the Department of Labor on ways to improve the fairness, efficiency, effectiveness and transparency of the Occupational Safety and Health Administration's whistleblower protection programs. The WPAC members will use their expertise to provide valuable advice and recommendations to help OSHA strengthen and improve its whistleblower protection program.

"Protecting workers who identify wrongdoing is an essential cornerstone of the U.S. Department of Labor's worker protection enforcement efforts," said the Labor Secretary.

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 uncover fraud of every kind perpetrated against our 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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IRS Proposes Regulations for Whistleblower Awards in Violation of Tax Law Cases

December 17, 2012

The Journal of Accountancy reports that the Internal Revenue Service has proposed regulations for whistleblower awards in violation of tax law cases and for the disclosure of tax return information. The proposed regulations are intended to provide general rules for submitting claims to the IRS, rules for proceedings, and factors to evaluate the size of an award. Read the Proposed Regulations.

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 uncover fraud of every kind perpetrated against our 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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New and Improved California False Claims Act Goes Into Effect Today

January 1, 2013

On January 1, 2013, the amendments to the California False Claims Act, signed into law last year by Governor Jerry Brown, took effect. The amendments, among other things, expand the definition of a claim under the state False Claims Act, increase the civil penalties for each violation of the law, and provide qui tam plaintiffs with up to 33% of the proceeds of the action or settlement. Read the Amended California False Claims Act.

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 uncover fraud of every kind perpetrated against our 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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