Prop 65 California

On behalf of its client Laurence Vinocur, The Chanler Group successfully negotiated a settlement with baby products manufacturer Evenflo Company, Inc. that will result in the reformulation of thousands of infant car seats and booster seats.

Evenflo allegedly manufactured thousands of car and booster seats containing the carcinogenic flame retardants tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and tris(2-chloroethyl) phosphate (“TCEP”), without providing the requisite warning.  The settlement requires Evenflo to eliminate these chemicals from all their foam-padded car seats and pay up to $84,000 in fines, seventy-five percent of which go to the State of California to protect and enhance public health and the environment.

The Chanler Group’s clients continue to vigorously enforce the safety of children and infant products sold in California, and more settlements are expected.  Read the full press release here.

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.

Dr. Whitney Leeman has won an important victory against a defendant that supplies an ingredient to food and beverage manufacturers.  A Court recently ruled that her Proposition 65 action against a supplier, which does not manufacture the food and beverage products sold to consumers, but whose product is contained in such food and beverage products, is warranted under Proposition 65.

On November 20, 2013, the San Francisco Superior Court rejected arguments attacking the viability of Dr. Whitney Leeman’s Proposition 65 enforcement action against caramel color supplier Sethness Products Company (“Sethness”).  Dr. Leeman filed this citizen enforcement action against Sethness, one of the largest manufacturers of caramel color in the world, alleging that Sethness had sold caramel color containing 4-Methylimidazole (“4-MEI”) without providing a warning to its customers, who then used the caramel color containing 4-MEI in food and beverage products offered for sale to consumers in California, such as Sierra Brand Premium Products Imitation Maple Flavor (“Sierra Maple Flavor”).

Sethness argued that Dr. Leeman’s complaint was not authorized by Proposition 65 because the example of the product identified by Dr. Leeman, Sierra Maple Flavor, was not a product made by Sethness, and that the caramel color made by Sethness is a commercial product, not a consumer product.  The Court rejected this argument, as well as the arguments that Sethness did not know which of its caramel color products were used in the Sierra Maple Flavor product, or which food and beverage products used Sethness’s caramel color containing 4-MEI, instead of Sethness’s caramel color without 4-MEI.

Sethness has been waging an unsuccessful “scorched earth” campaign in this case, in which the motions rejected by the Court on November 20 are just the latest effort.  Sethness even argued that it was a violation of regulations for Dr. Leeman to provide her attorneys’ contact information in her 60-Day Notices of Violation of Proposition 65 that she served on Sethness in June 2013, rather than her own contact information, which the Court also rejected.  In addition to these motions, Sethness also unsuccessfully challenged the application of one of Dr. Leeman’s attorneys, who is based in New York, to be admitted on a limited basis to appear for Dr. Leeman in this case.  Sethness’s aggressive tactics, which have not impressed the Court thus far, have only served to drive up the attorneys’ fees and costs incurred on both sides.

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.

Governor Edmund “Jerry” Brown announced yesterday his approval of California’s new flammability standards for upholstered furniture after a year-long effort to modernize the standards and reduce consumer exposure to toxic flame retardant chemicals.  Such toxic flame retardant chemicals have been the subject of numerous Proposition 65 actions brought by clients of The Chanler Group.

Last year, Gov. Brown directed state agencies to revise California’s decades-old Technical Bulletin 117 (TB-117), which required that all filling material inside upholstered furniture be able to withstand an open flame test.  This led to nearly all foam padded furniture in the United States being made with flame retardants, since most furniture manufacturers simply made their products to California standards and sold them nationwide.  However, many of these flame retardant chemicals, such as TDCPP and TCEP, are linked to increased risk of cancer or reproductive harm, and they are released from the furniture into office and household dust, placing adults, children and pets at risk of exposure.  Children are disproportionately impacted, as they are smaller and more susceptible to exposures from TDCPP and TCEP.  Indeed, one study showed that toddlers are likely to have three times the amount of these chemicals in their systems as their parents.

The updated TB-117 will protect Californians from the most common ignition sources of fires, namely smoldering sources such as cigarettes, space heaters and extension cords. It also more effectively addresses upholstery cover fabric, requires the use of barrier materials with smolder-prone materials and tests the interactions of all the materials that go into a piece of upholstered furniture.

Beginning January 1, 2014, manufacturers may begin manufacturing to the new standards. They will have a year to complete the transition and must come into full mandatory compliance on January 1, 2015. The standards, crafted based on a comprehensive review, statewide workshops and public comment, can be read in full here. 

The Chanler Group’s clients have filed complaints and achieved settlements with dozens of furniture companies for violations of Proposition 65 in connection with the flame retardant chemicals TDCPP and TCEP.  Under Proposition 65, companies offering products for sale that contain chemicals known to the state to cause cancer or reproductive harm—such as TDCPP and TCEP—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.

The Chanler Group, an environmental law firm, has published a list of furniture products that contain no detectable levels of tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-chloroethyl) phosphate (TCEP), flame retardants known to the State of California to cause cancer.

TDCPP and TCEP leach from contaminated products and affix to dust, placing small children, toddlers, and infants at an increased risk of exposure via inhalation and/or ingestion.  Dermal contact with the contaminated components also presents exposure to these toxic chemicals in adults and children alike.  The Chanler Group generates and provides this list to raise consumer awareness for those concerned about the health hazards affiliated with exposure to these toxic chemicals and who are also interested in toxin-free furniture products.  As noted by ABC News, over one third of all couches in the United States contain these toxic flame retardants.

 “Consumers deserve to know which products contain toxic chemicals so they can protect themselves and their families,” said firm founder Cliff Chanler.  “We are publishing this list as a public service to assist consumers seeking to avoid carcinogenic flame retardants in their furniture.”

Below is a partial list of products tested by The Chanler Group, which laboratory test results reflect no detectable levels of TDCPP and/or TCEP contained in the components examined:

• Trend High Chair, by Baby Trend, Inc.
• Big Joe Dorm Chair, by ComfortResearch, LLC
• Luvable Friends 2 in 1 Baby Carrier, by Babyvision, Inc.
• Contour Memory Foam Leg Pillow, by Contour Products, Inc.
• Nojo Reversible High Chair Cover, by Crown Crafts, Inc.
• Kidz World Raiders Recliner, by D.I.A.S., LLC/Kidz World

This product list is not intended to promote one product over another; rather, it affords concerned consumers with alternative furniture choices in their efforts to provide a toxin-free home/office environment.  A complete listing can be found at www.chanler.com/clean-list.

The Chanler Group represents citizen enforcers and whistleblowers to promote awareness of toxic chemicals found in our everyday environment and to enhance the health of the general public by advocating for the removal of chemicals known to cause cancer or reproductive harm from consumer products and the workplace.   For more information, visit www.chanler.com.

Anthony Held, John Moore and Whitney Leeman--clients of The Chanler Group--served thirteen 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 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 Tractor Supply Co., Exxel Outdoors, Inc. and The Home Depot, Inc.

See below for a partial list of Notices.

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