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.