Prop 65 California

Breast Milk May Contain Environmental Pollutants

January 6, 2014
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Several studies have found chemicals and other environmental toxicants in breast milk, the San Francisco Chronicle reported last weekend.  The high fat and protein content in breast milk attracts heavy metals and other contaminants that have been ingested or absorbed into the mother’s body, which are then passed on to their infants.

The article referenced one recent study in Environmental Health Perspectives, which studied mothers who lived in a community on the border of West Virginia and Ohio, where a DuPont plant had contaminated the drinking water with perfluorooctanoic acid (PFOA), which is used in processing plastics.  PFOA has been linked to kidney and testicular cancer and belongs to a broader class of chemicals called perfluoroalkyl acids (PFAAs), which are used in products such as stain-resistant sprays and nonstick cooking surfaces.  PFOAs were found in the mothers’ breast milk and were presumably being passed on to their infants through breastfeeding.

A UC Berkeley study—also referenced in the San Francisco Chronicle article—found polychlorinated biphenyls and pesticides in breast milk, both potential endocrine disrupters that can result in cancer.  Polychlorinated biphenyls, and chemicals found in many pesticides, are known to the State of California to cause cancer and developmental harm, and companies offering products for sale in California containing such chemicals must first provide consumers with a health hazard warning.

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 Bill Bans Lead in Hunting Ammunition to Protect Condors

January 3, 2014
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Earlier this year, Gov. Gerald “Jerry” Brown signed into law AB 711, banning lead in hunting ammunition.  Lead is a known carcinogen and reproductive toxin, and is also harmful to the environment and wildlife. According to the Washington Post, there is little doubt that lead poisoning is the main cause of death and illness for the extremely endangered California condors.

When used in ammunition, lead breaks apart easily, leaving fragments behind in animals killed by hunters.  When the carcasses are consumed by scavengers such as the California condor, the scavengers ingest the lead fragments.

Decades ago, the number of California condors in the wild numbered less than 25, but an aggressive captive breeding program has since raised the bird’s population by hundreds.

Lead is known to the State of California to cause cancer and reproductive harm, and under Proposition 65, companies offering products for sale in California that contain lead must provide the consumer with a health hazard warning.  That means lead ammunition sold in California must be accompanied by a warning that the product contains lead.

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 Sixteen New 60-Day Notices

December 31, 2013

Russell Brimer and Whitney Leeman--clients of The Chanler Group--served sixteen new 60-Day Notices of Proposition 65 Violation last week.  The notices were served to companies offering products such as hand tools, bags and accessories and musical equipment for sale in California containing chemicals known to cause cancer or 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 CJ Apparel Group, LLC, New Werner Holding Co., Inc. and Rite Aid Corporation.

See below for a partial list of Notices.

Product

Chemical

Alleged Violator

Citizen Enforcer

Vinyl/PVC Watch Straps; Faux Leather Covered Flasks

DEHP, Lead

CJ Apparel Group, LLC

Leeman

Vinyl/PVC Tape Measure Grips; Tools with Vinyl/PVC Grips

DEHP

Custom Accessories, Inc.

Leeman

Vinyl/PVC Pet Tie-Out Cables

DEHP

Doskocil Manufacturing Company, Inc.

Leeman

Vinyl/PVC Long-Handled Tool Grips

DEHP

Ettore Products Co.

Leeman

Tools with Vinyl/PVC Grips; Vinyl/PVC Cases

DEHP

JS Products, Inc.

Leeman

Vinyl/PVC Keycovers

DEHP

Kerusso Activewear, Inc.

Leeman

Vinyl/PVC Tablecloth Protectors

DEHP

Lintex Co. Inc.

Leeman

Tools with Vinyl/PVC Grips

DEHP

Marshalltown Company

Leeman

Vinyl/PVC-Coated Cables

DEHP

New Werner Holding Co., Inc.; Werner Co.

Leeman

Cymbal Bags with Vinyl/PVC Shoulder Strap Pads

DEHP

Sabian Ltd.; Sabian, Inc.

Leeman

Vinyl/PVC Keychains

DEHP

Stillwater Designs and Audio, Inc.

Leeman

Vinyl/PVC Knife Grips

DEHP, Lead

T. Christy Enterprises

Leeman

Water Sprayers with Metal Nozzles

Lead

Rite Aid Corporation

Brimer

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

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Rite Aid Corporation

Notice Date: 
December 30, 2013
Alleged Harm: 
Birth Defects, (Other) Reproductive Harm
Plaintiff: 
Brimer
Defendant: 
Rite Aid Corporation
Sub-Industry Code: 
Hand Tools
Patio & Garden
Designated For Use By: 
Adult/Child Use
Attached PDFs: 

T. Christy Enterprises

Notice Date: 
December 30, 2013
Alleged Harm: 
Birth Defects, (Other) Reproductive Harm
Plaintiff: 
Leeman
Defendant: 
T. Christy Enterprises
Sub-Industry Code: 
Hand Tools
Designated For Use By: 
Adult/Child Use
Attached PDFs: 

Stillwater Designs and Audio, Inc.

Notice Date: 
December 30, 2013
Alleged Harm: 
Birth Defects, (Other) Reproductive Harm
Plaintiff: 
Leeman
Defendant: 
Stillwater Designs and Audio, Inc.
Sub-Industry Code: 
Bags & Accessories
Designated For Use By: 
Adult/Child Use
Attached PDFs: 

Sinosource, Inc.; LumiSource, LLC; Lowe's Companies, Inc.; Lowe's HIW, Inc.

Notice Date: 
December 30, 2013
Alleged Harm: 
Birth Defects, (Other) Reproductive Harm
Plaintiff: 
Leeman
Defendant: 
Sinosource, Inc.; LumiSource, LLC; Lowe's Companies, Inc.; Lowe's HIW, Inc.
Sub-Industry Code: 
Residential Furniture
Designated For Use By: 
Adult/Child Use
Attached PDFs: 

Sabian Ltd.; Sabian, Inc.

Notice Date: 
December 30, 2013
Alleged Harm: 
Birth Defects, (Other) Reproductive Harm
Plaintiff: 
Leeman
Defendant: 
Sabian Ltd.; Sabian, Inc.
Sub-Industry Code: 
Music Equipment & Accessories
Designated For Use By: 
Adult/Child Use
Attached PDFs: 

New Werner Holding Co., Inc.; Werner Co.

Notice Date: 
December 30, 2013
Alleged Harm: 
Birth Defects, (Other) Reproductive Harm
Plaintiff: 
Leeman
Defendant: 
New Werner Holding Co., Inc.; Werner Co.
Sub-Industry Code: 
Security
Designated For Use By: 
Adult/Child Use
Attached PDFs: 

Marshalltown Company

Notice Date: 
December 30, 2013
Alleged Harm: 
Birth Defects, (Other) Reproductive Harm
Plaintiff: 
Leeman
Defendant: 
Marshalltown Company
Sub-Industry Code: 
Hand Tools
Designated For Use By: 
Adult/Child Use
Attached PDFs: 
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