Cliff Chanler

McCormick & Company Among Defendants in Prop 65 Lawsuits— on foodproductdesign.com

April 3, 2013

Excerpted from the full article at foodproductdesign.com:

McCormick & Company, Inc., Farmer Bros. Co. and Adams Extract & Spice LLC all have been sued by a Connecticut-based law firm for violating California's Proposition 65. The lawsuits claim the companies failed to provide a warning that they are distributing food extracts, flavors and colorings containing certain levels of a carcinogen in violation of Prop 65, more formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986.

Prop 65 requires business to "provide a 'clear and reasonable' warning before knowingly and intentionally exposing" individuals to a list of chemicals that are known to cause cancer, birth defects or other reproductive harm, according to California's Office of Environmental Health Hazard.  

4-MEI, or 4-Methylimidazole, is the carcinogenic chemical named in the lawsuits. In January 2012, the substance was added to Prop 65's list of chemicals that are known to cause cancer or reproductive toxicity, according to The Chanler Group, the environmental law firm that filed the complaints on behalf of the plaintiff Whitney R. Leeman.

“This particular compound has been listed as a carcinogen for two years now, but many products still contain the toxic chemical without the labeling required by law," said Clifford Chanler, founder and spokesperson for The Chanler Group, in a statement Tuesday. “The safety of consumers is important to us. These three companies are united by a responsibility to either remove the toxic chemicals from their manufacturing processes, or to label those products in compliance with the law."  link to source

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Chanler's Clients Continue to Notice Over Glass and Ceramicware– By Lana Beckett at Prop. 65 Clearinghouse

August 22, 2005

Excerpted from the full article at Prop. 65 Clearinghouse:

At end of summer, a flurry of 60-day notices were sent by Proposition 65 plaintiffs Russell Brimer and Whitney Leeman. Both are represented by Connecticut-based attorney Clifford Chanler. The 30 new notices and two amended letters were sent to manufacturers, distributors and retailers of painted glass and ceramic ware.

Although Brimer and Leeman have filed 266 notices over the last four years (152 since 2004 for Brimer, and 114 since 2001 for Leeman) this latest batch may be due in part to two recent cases: Brimer v. The Boelter Companies and DiPirro v. JC Penney (Michael DiPirro is also represented by Chanler.)
 

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Chanler Says Meat Industry Lawsuit is a SLAPP– By Dennis Pfaff at Prop. 65 Clearinghouse

November 15, 2005

Excerpted from the full length article at Prop. 65 Clearinghouse:

A meat industry attempt to get a state court to declare that Proposition 65 warnings on beef would be barred by federal law should be tossed out as a strategic lawsuit against public participation (SLAPP), argues attorney Clifford Chanler in a new filing in the case.

The industry’s San Diego Superior Court lawsuit “is expressly aimed at preventing Dr. [Whitney] Leeman from petitioning the courts in connection with a matter of great public interest,” Chanler argued in a July 28 brief filed on Leeman’s behalf. The American Meat Institute and the National Meat Association filed their declaratory relief case against Leeman this spring. In it, they asserted that federal meat inspection statutes would bar Proposition 65 warnings…

… The Federal Meat Inspection Act, the law at the center of the industry’s argument, does not expressly preempt Proposition 65, Chanler argued. For one thing, he maintained, the law does not bar signs in stores. For another, since both dioxins and PCBs are poisons, meat containing them in “adulterated” under the meaning of the federal law. Thus, under the circumstances, “Proposition 65 is nothing more than California’s ‘exercise of concurrent jurisdiction’” with the federal government, Chanler wrote, quoting the federal statute. link to source. 
 

 

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Brimer and Leeman Have A Very Successful Summer– by Lana Beckett at Prop. 65 Clearinghouse

September 15, 2005

Excerpted from the full length article at Prop. 65 Clearinghouse:

While the rest of us were lounging at the beach working on our tans, Prop. 65 plaintiffs Russel Brimer and Whitney Leeman were as they say, making hay while the sun shined.

In nine cases settled since July they have received $358,499. This amounts to $91,800 in penalties, of which they get to keep a $22, 950. Connecticut-based attorney Clifford Chanler and two law firms that work with him, Marin County-based Paras Law Group and Chicago-based Martin Law Group get to split the attorney fees of $266,699.

Several of the cases concerned glass and ceramic ware with hand painted art-work on the exterior of the products containing lead and cadmium. Other complaints were for household decorative products such as night-lights and terrariums. All the cases called for reformulation or warnings. link to source. 
 

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Brimer and Leeman Lead the Pack– by Lana Beckett at Prop. 65 Clearinghouse

September 15, 2005

Excerpted form the full length article in Prop. 65 Clearinghouse:

With the latest group of 60-day notices from Russell Brimer and Whitney Leeman, clients of Prop. 65 Connecticut-based attorney Clifford Chanler, have put them way ahead of other plaintiffs in filing notices this year. Together they have filed 146, leaving the other plaintiffs in the dust. The closest other plaintiff is Consumer Defense Group with 64, and coming in third is Environmental World Watch with a mere 26. The rest of the well-known Prop. 65 plaintiffs have only sent about 55 notices.

Brimer and Leeman keep on course with most of their 45 letters going to manufacturers, distributors and retailers of glassware and ceramicware with exterior artwork allegedly containing lead and cadmium.

The only other notice during this period was from Reuben Yeroushalmi for fumes from asphalt products generated by construction companies. link to source.
 

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Fast-Food Chains Take Another Prop. 65 Hit– by Lana Beckett at Prop. 65 Clearinghouse

June 22, 2006

Excerpted from the full length article in Prop. 65 Clearinghouse:

Following up on two 60-day notices sent in February, Whitney Leeman has filed a complaint, Leeman v. Burger King, in Sacramento County Superior Court against fast food restaurants that allegedly sell flame broiled hamburgers containing polyclci aromatic hydrocarbons (PAHs).

Leeman claims that Burger King and Carl’s Junior failed to warn customers of the carcinogens present in the cooked meat.

PAHs– made up of seven Prop. 65-listed chemicals– “are commonly found in barbecue smoke, including smoke produced when hamburger is flame-broiled,” the complaint said.

Unlike claims against fast food chains for acrylamide in their french fries [see Litigation Report, May 8] – which are subjected to high temperatures needed to cook such food– Leeman’s lawyer, Cliff Chanler of Hirst & Chanler, said there are methods available to reduce the PAH’s– which are produced when fat drips from the meat onto the hot flame-broiler creating smoke, or when the flames come into contact with the meat. link to source.

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Number of Settlements Rise While Chanler Clients Lead– by Dennis Pfaff at Prop. 65 Clearinghouse

July 15, 2006

Excerpted from the full length article in Prop. 65 Clearinghouse:

Proposition 65 settlements in 2005 declined substantially compared to the year before but were stronger than in previous post-SB 471 periods, figures released recently by Attorney General Bill Lockyer show...

Clients represented by veteran Proposition 65 litigator Clifford Chanler or his law firm, Hirst & Chanler, accounted for the largest share of the 2005 settlement amounts. Plaintiffs Michael DiPirro, Whitney Leeman and Russel Brimer rang up more than $3.7 million in settlements. About 65 percent of the money, more than $2.4 million, went toward attorney fees and costs, according to the attorney general’s figures. link to source. 
 

 

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Enforcement of Lead-Painted Glassware and Lead-Contaminated Soda

June 6, 2007

On May 11, 2007, the California Attorney General (“CAG”) sent a letter to Hirst & Chanler LLP (“H&C”), the predecessor firm to The Chanler Group, regarding the manner in which H&C and their clients pursued Proposition 65 matters involving lead in the surface coatings of glassware and ceramicware.

On June 6, 2007, on behalf of H&C, Clifford Chanler sent a letter in response to the CAG.

Copies of each letter appear below.

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McDonald's Recalls Promotional Movie Glasses, Potential Cadmium Risk– by Wendy Crittenden at Prop. 65 Clearinghouse

June 8, 2010

Excerpted from the full article in Prop. 65 News:

On June 4, 2010, the US Consumer Product Safety Commission (CPSC) announced a recall by McDonald's Corp for 13.4 million "Shrek Forever After 3D" Collectable Drinking Glasses due to a potential cadmium risk. The glasses were sold in the company's restaurants promotionally from May-June 2010 for about $2 each. Cadmium was detected by a third party laboratory accredited by the CPSC. The chemical was found in the painted surface design of four Shrek movie characters on the drinking glasses made in the US by ARC International of Millville, New Jersey.

Cadmium is listed under CA's Prop. 65 as a reproductive toxicant and a carcinogen. Prop. 65 plaintiffs, lead by attorney Cliff Chanler, have sued hundreds of companies for lead and cadmium in the painted artwork on glassware and ceramicware. link to source. 

 

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DiPirro Settles Four– by Rick Lovett at Prop. 65 News

August 1, 1999

Excerpted from the full length article at Prop. 65 News:

Private enforcer Michael DiPirro resolved four soldering-supply cases for warnings and $223,399 in fees and penalties.

One accord, entered on April 15 with Newell CO. (Bernzomatic), called for $15,300 in civil penalties, plus $9,000 in pre-notice investigation fees, $13,050 for expert, investigation and litigation costs, and $29,350 in attorney’s fees. DiPirro was represented by Clifford Chanler co-counsel David Bush; Newell was represented by Robert Falk, of Morrison and Foerster.

Another settlement, with The Weller Group, was entered on April 15 and signed by Bush and Falk. It called for a civil penalty of $45,300; pre-notice investigation costs of $9,000; expert, investigation and litigation costs of $1,350, and attorney’s fees of $29,350.

The third settlement, with Plato Products, Inc., was reached on April 16 and includes strong warnings, as well as an explanation of how to reduce lead exposures from solder usage. The company will also pay a civil penalty of $14,000, $9,000 in pre-notice investigation fees, $1,400 for expert, investigation and litigation costs, and $18,000 in attorney’s fees. DiPirro was represented by Hudson Bair of the San Francisco firm of Kapsack & Bair; Plato by Gregory Patterson of Proskauer, Rose in Los Angeles. link to source.

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