Prop 65 California

The Chanler Group (www.chanler.com), an environmental law firm, reached a settlement on behalf of its client, Peter Englander, with a Chinese manufacturer of products alleged to contain the reproductive toxin di(2-ethylhexyl)phthalate, commonly known as DEHP. Mr. Englander alleged that the foreign company, Hangzhou GreatStar Tool Company, violated California’s Proposition 65 by manufacturing and selling hand tools and stools containing DEHP through major retailers such as Lowe’s and Orchard Supply Hardware, without providing California consumers with the requisite health hazard warning.  The settlement was approved on Sept. 13, 2013.

“If a product is going to be sold in America, it has to meet American health and safety standards, both local and federal,” said Clifford Chanler, the founder and spokesperson of The Chanler Group. “This is true regardless of where the product is manufactured.”

As a result of the settlement, the overseas manufacturer has agreed that, no later than May 1, 2014, all of the products at issue, intended for sale to California consumers, shall be reformulated so as to virtually eliminate the presence of DEHP. Should Hangzhou GreatStar Tool Company accelerate its reformulation schedule and certify that the products at issue are reformulated by March 15, 2014, Mr. Englander agreed to waive a portion of the $30,000 civil fine. Seventy-five percent of the civil fine is paid to the State of California. The settlement can be reviewed at www.chanler.com/cases/archive/englander-v-hangzhou-greatstar-tool-co-ltd.

This is the first time Proposition 65, or any American consumer protection statute, has been used as a basis for international prosecution. The Chanler Group and its clients expect this to be the beginning of a new trend, where overseas manufacturers are held accountable for the products they provide for American consumers.

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. For more information, please visit: www.chanler.com.

Laurence Vinocur, a client of The Chanler Group, and IKEA Holding US, Inc. and IKEA North America Services, LLC, reached a settlement this month, resolving Vinocur’s allegations that IKEA violated Proposition 65 by offering changing pads containing the flame retardant chemical (1,3-dichloro-2-propyl) phosphate (“TDCPP”) for sale in California without first providing the required health hazard warnings.  The changing pads are designed for use with infants.

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has designated TDCPP as a chemical known to cause cancer for purposes of Proposition 65.

As part of the settlement, IKEA will pay three civil penalties; the initial civil penalty totals $22,000, 75% of which will be paid to OEHHA, with the remaining 25% to be paid to whistleblower Vinocur.  IKEA also agreed to reformulate all changing pads that it offers for sale in California to contain no more than .0025% of TDCPP and other flame retardant chemicals TDBPP and TCEP.  On November 1, 2013, IKEA will pay a second civil penalty of $24,000.  However, if IKEA accelerates its reformulation schedule to achieve the .0025% TDCPP standard by September 30, 2013, Vinocur will waive the $24,000 second civil penalty in its entirety.  IKEA is responsible for paying a final civil penalty of $14,000 by February 1, 2014.  Yet should IKEA achieve a nationwide reformulation of its products by November 1, 2013, Vinocur will waive the final civil penalty of $14,000 in its entirety. This settlement structure provides an incentive to IKEA to promptly and completely reformulate its products to virtually eliminate TDCPP, or pay a much more substantial penalty.

IKEA is an international corporation that offers a variety of home and business furnishings for sale in 298 stores in 26 countries.  IKEA currently employs 139,000 staff around the globe. 

 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 Anthony Held, Peter Englander, and Laurence Vinocur served 18 new 60-Day Notices of Violation of Proposition 65 today. The notices were served to companies offering products such as furniture, tote bags and dried seaweed for sale in California containing chemicals known to cause cancer or reproductive harm, without the required health hazard warning. Our clients allege that the companies' products contain the phthalate DEHP, the flame retardant TDCPP, the heavy metal arsenic (As). DEHP is known to cause birth defects and reproductive harm, while TDCPP and arsenic are known to cause cancer. Some of the noticed companies include Kimberly-Clark Corporation, John Wiley & Sons, and Snap-On Inc.

See below for a partial list of Notices.

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