Prop 65 California

Thanks to the efforts of TCG client Dr. Anthony Held, North American Food Distributing Company (NAFDC) entered a binding agreement to cease the sale and distribution of dried seaweed products in California unless, and until they are virtually free of the toxic heavy metal arsenic.  Held alleged that NAFDC had violated Proposition 65 by selling dried seaweed products in California that contained arsenic, a chemical known to the State of California to cause cancer, without the requisite health hazard warnings.

The settlement provides up to $10,000 in civil penalties, three-quarters of which will go to the State of California for the benefit of the public health and the environment.  Under the agreement, NAFDC will pay an initial civil penalty of $2,000.  A final civil penalty of $8,000 is contingent upon NAFDC providing Held with written certification that it has reformulated its seaweed products sold in California to be virtually free of arsenic by the end of the 2014 calendar year.   

For more information, please see the case summary on our website.

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.

Last Friday, Russell Brimer, Anthony Held, and Laurence Vinocur served 20 new 60-Day Notices of Proposition 65 Violation.  The notices were served to companies offering products such as sunscreen, headphones, and glass mugs for sale in California containing chemicals known to cause cancer or reproductive harm, without the required health hazard warning.  Our citizen enforcer clients allege that the companies' products contain the phthalate DEHP, the heavy metal lead (Pb), the flame retardant TDCPP, and the chemical benzophenone.  DEHP and lead are known to cause birth defects and reproductive harm, while TDCPP and benzophenone are known to cause cancer.  Some of the noticed companies include Barron's Education Series, Belkin International, and Topco.

See below for a partial list of Notices.

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

Thanks to TCG client Anthony Held, The ERGO Baby Carrier, Inc. (ErgoBaby) has agreed to reformulate all of its upholstered bassinets to virtually eliminate a toxic flame retardant.  ErgoBaby and affiliated company Orbit Baby agreed earlier this month to remove the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) from the bassinets.  Held alleged that ErgoBaby violated Proposition 65 by selling bassinets that contain TDCPP in California without providing a health hazard warning.

As part of the agreement, ErgoBaby agreed that its bassinets shall be reformulated to be virtually free of TDCPP.  ErgoBaby will also pay civil penalties of $10,500, three-quarters of which are to be paid to the State of California, to enhance public health and the environment.  Should ErgoBaby certify that the baby beds are free of TDCPP, Held has agreed to waive portions of the civil fine.  For more information about the agreement, please see the case summary on the website.

ErgoBaby is headquartered in Los Angeles.  Its products are sold through more than 650 retailers and websites in the United States.

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.

Congress is making yet another attempt at reforming the decades-old Toxic Substances Control Act (TSCA), this time with the Chemicals in Commerce Act (CICA).  CICA promises to improve public confidence in the safety of chemicals and facilitate interstate commerce.  It is supported by industry organizations and companies such as the American Chemistry Council, Procter & Gamble, and BASF but criticized by advocates of safe chemicals, such as Give Toxics the Boot and Safer Chemicals, Healthy Families.

The main points of criticism are that the CICA still does not require the US Environmental Protection Agency (EPA) to conclude that new chemicals are safe before they are introduced into commerce.  As with TSCA, new chemicals will be assumed safe unless proven otherwise.  Furthermore, CICA includes a very similar standard to TSCA’s section 6, which governs EPA’s ability to regulate chemicals that have been determined to be unsafe.  Under TSCA, although the EPA had known for years that asbestos was unsafe, it took years for EPA to regulate asbestos.

However, chemical companies and industry advocates continue to insist that too much regulation stifles innovation, and that CICA is essential to America’s “manufacturing renaissance.”

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.

TCG clients Russell Brimer, Dr. Anthony Held, Mark Moorberg, and Paul Wozniak served 25 new 60-Day Notices of Proposition 65 Violation yesterday, to companies offering products such as hand tools, bags, and pet tie-out cables for sale in California that contain chemicals known to cause cancer and reproductive harm, without the required health hazard warning. These citizen enforcers allege that the companies' products contain the phthalate DEHP, the heavy metal lead, and the chemical 4,4'MDA.. DEHP and lead are known to cause birth defects and reproductive harm, while 4,4'MDA is known to cause cancer. Some of the noticed companies include 1-800-Flowers, Elmer's Products, Michaels Stores, and Newell Rubbermaid.

See below for a partial list of notices:

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