Prop 65 California

Fetal Exposure to BPA May Result in Prostate Cancer Later in Life

February 19, 2014
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Researchers at the University of Illinois in Chicago have found evidence that fetal exposure to Bisphenol A (BPA) can increase risk for prostate cancer later in life.  BPA is found in a variety of common consumer products, from hard plastic reusable water bottles to the linings of food cans to grocery store receipts, and fetal exposure occurs when pregnant women use these items and ingest or absorb BPA.

When absorbed into the body, BPA mimics the hormone estrogen and is believed to be an endocrine disruptor.  Rising estrogen levels in aging men is known to be linked to prostate cancer.

BPA has also been linked to obesity in children and may disrupt egg development in women of childbearing age.

California recently designated BPA as a chemical known to cause reproductive toxicity, meaning that products sold in the state that contained BPA would require a health hazard warning.  The American Chemistry Council sued, resulting in the delisting of BPA, at least until a trial can proceed.

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.

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TCG Client Obtains Reformulation Agreement with Staples Regarding Flame Retardants

February 18, 2014
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Thanks to TCG client Laurence Vinocur, Staples has agreed to only sell seat/back cushions that are reformulated to virtually eliminate the toxic flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP), a chemical known to cause cancer.  Vinocur alleged that Staples violated Proposition 65 by selling seat/back cushions that contain TDCPP in California without providing a health hazard warning.

Under Proposition 65, companies offering products for sale in California that contain chemicals known to cause cancer or reproductive harm must provide a health hazard warning.

As part of the agreement, Staples agreed to notify its vendors to sell only cushions that are reformulated to be virtually free of TDCPP.  Staples will also pay civil penalties of $86,000, 75 percent of which are paid to California’s Office of Environmental Health Hazard Assessment.  Should Staples complete reformulation four months early and/or ensure that the cushions are free of another Proposition-65 listed flame retardant, tris(2,3-dibromopropyl)phosphate (TDBPP), Vinocur will waive portions of the civil penalties.  For more information about the agreement, please see the case summary on TCG’s 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.

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Study Recommends Limiting Bisphenol A in Food Containers

February 11, 2014
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A new study published in Health Affairs suggests that replacing Bisphenol A (BPA) with a safer alternative, especially in food and drink containers, could save the U.S. economy over a billion dollars a year in healthcare costs and lost labor.  BPA, which is found in hard plastic water bottles, the linings of food cans, and grocery store receipts, is associated with childhood obesity, coronary heart disease, and cancer.

The study suggests that exposure to BPA is associated with significant health problems for children and adults, resulting in almost $3 billion in healthcare costs and lost labor.  If the Food and Drug Administration (FDA) required a safer substitute for BPA, it could save anywhere from $800 million to $1 billion.  However, care should be taken in choosing a safer alternative, so that one toxic chemical is not simply swapped with another.

Last year, BPA was designated as a chemical known to the State of California to cause cancer, meaning that products sold in California that contained BPA would require a health hazard warning.  The American Chemistry Council sued, resulting in the delisting of BPA, at least until a trial can proceed.

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.

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TCG Clients Serve Fifteen New 60-Day Notices

February 10, 2014

TCG Clients Serve Fifteen New 60-Day Notices

Russell Brimer and Paul Wozniak--clients of The Chanler Group--served fifteen new 60-Day Notices of Proposition 65 Violation last week. The notices were served to companies offering products such as hand tools, home furniture and musical equipment for sale in California containing chemicals known to cause reproductive harm, without the required health hazard warning. TCG's citizen enforcers allege that the companies' products contain the phthalate DEHP and the heavy metal lead (Pb).  DEHP and lead are known to cause birth defects and reproductive harm. Some of the noticed companies include D'Addario & Company, Inc., Johnson Outdoors Inc., Sport Chalet, Inc., and Strattec Security Corporation.

See below for a partial list of Notices.

Product

Chemical

Alleged Violator

Citizen Enforcer

Vinyl/PVC Pillows

DEHP

CHF Industries, Inc.

Wozniak

Vinyl/PVC Canning Tool Grips

DEHP

Columbian Home Products, LLC

Wozniak

Musical Instrument Fingerboard Appliques

DEHP

D'Addario & Company, Inc.

Wozniak

Art Portfolios with Vinyl/PVC Handles

DEHP

Dick Blick Holdings, Inc.

Wozniak

Jars with Exterior Designs containing Lead

Lead

Hancock Fabrics, Inc.

Wozniak

Tools with Vinyl/PVC Grips

Lead

Johnson Outdoors Inc.

Wozniak

Tongs with Vinyl/PVC Grips

DEHP

National Presto Industries, Inc.

Wozniak

Tongs with Vinyl/PVC Grips

DEHP

Sport Chalet, Inc.

Wozniak

Vinyl/PVC Lock Cables

DEHP

Strattec Security Corporation

Wozniak

Vinyl/PVC Musical Instrument Cases

DEHP

U S Music Corporation; Washburn International, Inc.; Sam Ash Music Corporation

Wozniak

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

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Flame Retardant Dilemma Symposium To Be Held at UC Berkeley on Feb. 14, 2014

February 7, 2014
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The Green Science Policy Institute is hosting a symposium on what they’re calling “the flame retardant dilemma” on Feb. 14, 2014, at UC Berkeley, discussing the progress made in eliminating toxic flame retardants from our lives and how to strike a balance between that and fire safety.  Among the speakers will be scientists, government representatives, the President of the San Francisco Firefighters Cancer Prevention Foundation, and one of the directors and producers of the new documentary film Toxic Hot Seat

The symposium will last from 8:30am – 4:00pm.  Breakfast and lunch will be provided.  Visit the Green Science Policy Institute’s website for more details and to register.

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.

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Reebok Will Reformulate Softballs to Eliminate DEHP Thanks to TCG Client

February 5, 2014
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Due to the efforts of TCG client Anthony Held, Ph.D, P.E., Reebok has agreed to reformulate its softballs to virtually eliminate di(2-ethylhexyl)phthalate (DEHP), a known carcinogen and reproductive toxicant. Held alleged that Reebok violated Proposition 65 by selling softballs containing DEHP in California without providing a health hazard warning. Under Proposition 65, companies offering products for sale in California that contain chemicals known to cause cancer or reproductive harm must provide a health hazard warning 

The settlement agreement requires civil penalties of $15,000, 75 percent of which are paid to California’s Office of Environmental Health Hazard Assessment, to be used to enhance public health and the environment, and the remaining 25 percent will be paid to Dr. Held.  As part of the agreement, Reebok agreed to virtually eliminate DEHP from its softballs.  Should Reebok provide written certification that it has completed reformulation, Dr. Held will waive $12,000 of the penalty that Reebok would otherwise be required to pay.  For more information about the agreement, the case summary is available on the firm’s website.

Reebok, with annual sales of its products in the billions, offers a variety of sports shoes, apparel, equipment, and accessories. Reebok products are sold in stores throughout United States and all over the world.

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.

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California Designates Trichloroethylene as Known to Cause Reproductive Harm

February 4, 2014

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has designated trichloroethylene (TCE) as a chemical known to cause reproductive toxicity, effective January 31, 2014.  Beginning January 31, 2015, companies selling products that contain TCE will have to provide a health hazard warning stating that their products contain a chemical known to cause birth defects or other reproductive harm.

This designation is based on formal identification by the U.S. Environmental Protection Agency (EPA) that TCE causes reproductive toxicity.

TCE is mainly used as an industrial degreaser of machine parts, but is also found in consumer products such as paint removers/strippers, adhesives, spot removers, and rug cleaners.  It is also used as an extraction solvent for greases, oils, fats, waxes, and tars, and as a refrigerant.

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.

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Deluxe Corporation's Checkbook Covers Covered Under New TCG Settlement

January 29, 2014
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A new settlement agreement with Deluxe Corporation, a manufacturer and distributor of a variety of checkbook covers across the United States, will ensure that their products will either be reformulated to eliminate the presence of a toxic phthalate chemical or at least be accompanied by a health hazard warning.

Additionally, The Chanler Group’s clients negotiated a cy pres payment, meaning that a portion of the civil penalties will go to the Silent Spring Institute, a not-for-profit organization dedicated to raising public awareness about potential exposure to environmental chemicals and the resulting reproductive and developmental harm.

Read the full press release in the press section of 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.

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New Proposition 65 Settlement Will Affect Deluxe Corporation's Checkbook Covers Thanks to Chanler Group

January 29, 2014

In a major victory for consumers, a new Proposition 65 settlement reported today ensures that Deluxe Corporation's checkbook covers will no longer contain di(2-ethylhexyl)phthalate (DEHP), a known carcinogen and reproductive toxicant, or will have the requisite health hazard warnings provided.

The agreement requires Deluxe, a business services company that manufactures and distributes a variety of checkbook covers across the United States, to reformulate its checkbook covers sold in California to remove DEHP or provide a health hazard warning.  Under Proposition 65, California’s right-to-know toxics law, companies selling products containing toxic chemicals such as DEHP must provide consumers with a warning that this product contains a chemical that may increase their risk of cancer or reproductive harm.  Rather than include a warning, many companies opt to reformulate their product to remove the offending chemical.

“Checkbook covers are touched or handled more often than many other products, and therefore may increase exposure to toxic chemicals,” said Cliff Chanler, founder of The Chanler Group.  “We want to inform Californians and ensure that they are aware of potentially harmful chemicals in products that they use every day.”   

Deluxe will pay up to $135,000 in fines, 75 percent of which go to the State of California to protect and enhance public health and the environment.  Some of the fines will be waived if Deluxe reformulates its products by specified deadlines.  Additionally, The Chanler Group negotiated a cy pres payment, meaning that a portion of the civil penalties will go to the Silent Spring Institute, a not-for-profit organization dedicated to raising public awareness about potential exposure to environmental chemicals and the resulting reproductive and developmental harm.

The Chanler Group’s clients continue to vigorously enforce the safety of consumer products sold in California, and more settlements are expected.

Details of the Deluxe Settlement are available at www.chanler.com.  Mr. Chanler is available to discuss the case, as well as the broader issues of hazardous materials in consumer products sold in the U.S.  He can be reached at (203) 312-4484 or at cliff@chanler.com

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TCG Clients Get Jakks to Remove Toxic Flame Retardants from Children’s Chairs

January 28, 2014
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Jakks Pacific has provided certification to Russell Brimer and Peter Englander, clients of The Chanler Group, stating that its padded children’s chairs offered for sale in California have been reformulated in advance of the deadline imposed by the settlement agreement between the parties.  The settlement was for a total of $58,000, but Brimer and Englander agreed to waive a portion of it should Jakks Pacific accelerate the reformulation of its products to no longer contain the toxic flame retardants Tris(1,3-dichloro-2-propyl) phosphate (TDCPP), Tris(2-chloroethyl) phosphate (TCEP), and Tris(2,3-dibromopropyl)phosphate (TDBPP).

Jakks Pacific is a leading designer and marketer of toys and consumer products.  Jakks Pacific sells action figures, electronics, dolls, Halloween costumes, children’s furniture, art activity kits, and infant products.  The Chanler Group’s clients alleged that Jakks Pacific offered children’s chairs containing TDCPP for sale without the required health hazard warning.  Brimer served Jakks Pacific with a 60-Day Notice of Violation of Proposition 65 on February 15, 2013. 

The Chanler Group’s clients frequently include such “reformulation incentives” in their settlements as part of their commitment to effectuate change for safer consumer products.

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.

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