Prop 65 California

TCG Clients Serve Seven New 60-Day Notices

Submitted by mma on August 30, 2013
August 30, 2013

Anthony Held and John Moore--clients of The Chanler Group--served seven 60-Day Notices of Proposition 65 Violation last week.  The notices were served to companies offering products such as pillows, hand tools, and sports 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 Ross Stores, Reebok International Ltd., and Tuesday Morning.

See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Football Flags Pb Authentic Brands Group LLC; Ross Stores, Inc.
 		 Held
Vinyl/PVC Pillows DEHP E & E Co., Ltd.
 		 Held
Softballs with Vinyl/PVC Covers DEHP Reebok International Ltd.
 		 Held
Flashlights with Vinyl/PVC Handles DEHP Standard Fusee Corporation
 		 Held
Vinyl/PVC Pillows DEHP Thro, Ltd.; Tuesday Morning Corporation
 		 Held

 

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

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Environmental Group Files Lawsuit Against Clif Bar Re: Lead in Energy Bars

Submitted by mma on August 28, 2013
August 28, 2013

The Environmental Research Center (ERC) filed a suit against Clif Bar & Company, alleging unwarned exposures to lead in violation of Proposition 65.  ERC alleges that several of Clif Bar’s products contain lead, a chemical known to the State of California to cause reproductive harm, and that California citizens have been exposed without receiving a health hazard warning.

ERC issued 60-Day Notices of Violation of Proposition 65 to Clif Bar on November 23, 2010 and August 5, 2011.  ERC filed the complaint on July 18, 2013 in Superior Court of California, County of San Francisco.  The products named in the lawsuit include several flavors of Clif’s high-protein Builder’s bars, one of Clif’s LUNA bars, and two flavors of Clif’s Shot Bloks energy chews.  ERC seeks injunctive relief, or an order preventing Clif Bar from the continued manufacturing, packaging, distributing, marketing, and/or selling the products in California without first providing clear and reasonable warnings that the products expose consumers to lead.

Clif Bar & Company is based in Berkeley, Calif. and manufactures and sells organic energy and nutrition foods and drinks nationwide.  The company also owns and operates the Clif Family Winery and Farm and the Clif Bar Family Foundation, to promote nature conservation and sustainable agriculture.

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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Moore v. Pier 1 Imports Inc., and Pier 1 Imports (U.S.)

Submitted by chirst on August 28, 2013
Date: 
August 26, 2013
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

The parties entered a Consent Judgment in Moore v. Pier 1 Imports, Inc., et al., on August 26, 2013, which resolved citizen enforcer John Moore’s allegations that the defendant Pier 1 Imports, Inc. and Pier 1 Imports (U.S.), (collectively “Pier 1”) sold vinyl/PVC placemats containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
application/pdf iconmoorev.pier1imports082613.pdf
Plaintiff: 
John Moore
Defendant: 
Pier 1 Imports, Inc. and Pier 1 Imports (U.S.)
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$80,000-$89,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Wolters Kluwer Certifies That Its Notebooks are DEHP-Free

Submitted by mma on August 27, 2013
August 27, 2013

The Chanler Group has received certification, required by the settlement agreement with TCG client Russell Brimer, that Wolters Kluwer’s vinyl and PVC notebooks offered for sale in California have been reformulated to contain less than 0.1% of DEHP.  As a result, the final civil penalty of $15,000, which Wolters Kluwer agreed to in the settlement, will be waived.  The penalty waiver provision of the settlement provided an incentive for Wolters Kluwer to promptly reformulate their products to be free of DEHP.  DEHP is a toxic phthalate chemical known to the State of California to cause reproductive harm.

Wolters Kluwer is a multinational company providing information, software, and services to the legal, tax, finance, and health industries, with over 19,000 employees serving customers in 150 countries.  Russell Brimer found that Wolters Kluwer notebooks contained DEHP but did not provide the required health hazard warning, and served Wolters Kluwer with a 60-Day Notice of Violation on August 16, 2012.  Wolters Kluwer entered into a settlement agreement on March 7, 2013, for a total of $57,000 in penalties and attorneys’ fees, $15,000 of which would be waived if a certification of reformulation were provided by August 1, 2013.

The Chanler Group frequently includes such “reformulation incentives” in its settlements as part of the firm’s work in effectuating change for a cleaner environment and 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.

PDFs: 
application/pdf iconwolterskluwer_reformcert_073113.pdf
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Pepsi Still Contains Carcinogenic Food Coloring, Claims Environmental Group

Submitted by mma on August 22, 2013
August 22, 2013

Though Coca-Cola has reformulated its products both within and without California to no longer contain the cancer-causing chemical 4-methylimidazole (4-MEI), Pepsi products purchased outside of California still contain 4-MEI, the Center for Environmental Health (CEH) announced earlier this month.

Last March, both Coca-Cola and PepsiCo stated they would change their caramel coloring in products nationwide as a result of Proposition 65, which requires companies offering products for sale in California containing chemicals known to cause cancer or reproductive harm to first provide consumers with a health hazard warning.  

Earlier this year, CEH commissioned an independent lab to conduct 4-MEI testing on Coke and Pepsi products.  Coke and Pepsi purchased in California were shown to have been reformulated to contain little to no 4-MEI, and CEH asked ten supporters from across the country to send Coke and Pepsi products purchased in their areas.  According to CEH, lab tests found little or no 4-MEI in nine out of ten Coke products, but showed higher levels of 4-MEI in all ten Pepsi products tested: 4 to 8 times higher than California safety levels.

Industrial production of caramel coloring creates 4-MEI as a by-product, but processing changes can reduce or eliminate production of the chemical without altering the coloring.  California designated 4-MEI as known to the State of California to cause cancer after the National Toxicology Program found “clear evidence” of carcinogenicity of the chemical in animal studies.

Pepsi has responded to CEH to say: “Our caramel coloring suppliers have been working on modifying the manufacturing process to reduce the amount of 4-MEI,” and that the rest of the U.S. will be completed by February 2014.

The Chanler Group’s clients have also filed lawsuits against food manufacturers for selling products containing 4-MEI without the required health hazard warnings, and recently settled with Farmer Bros.

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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Brimer v. Regent Products Corp.

Submitted by chirst on August 22, 2013
Date: 
December 18, 2013
Industry Categories: 
Stationery and Office Fasteners, Tools & Supplies
Featured: 
Yes

In Brimer v. Inventory Liquidators Corp.; Regent Products Corp., the parties executed a Consent Judgment on December 18, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Regent Products Corp. (“Regent”) sold planners with vinyl/PVC covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
application/pdf iconregent_products_corp..pdf
Plaintiff: 
Russell Brimer
Defendant: 
Regent Products Corp.
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$40,000-$49,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
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None

Clients of TCG Serve 11 60-Day Notices of Violation

Submitted by mma on August 19, 2013
August 19, 2013

Anthony Held, John Moore, and Laurence Vinocur--clients of The Chanler Group--served eleven 60-Day Notices of Proposition 65 Violation last week.  The notices were served to companies offering products such as furniture, hand tools, and gloves 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, the flame retardant chemical TDCPP, and the heavy metal lead (Pb).  DEHP and lead are known to cause birth defects and reproductive harm, while TDCPP is known to cause cancer.  Some of the noticed companies include Mechanical Servants, Raley's, and Spectrum Brands.

See below for a partial list of notices.

 

Product Chemical Alleged Violator Citizen Enforcer

 
Pliers with Vinyl/PVC Grips DEHP The B & F System, Inc.
 		 Held
Stable Forks with Vinyl/PVC Handle Grips DEHP Frandsen Corporation; Miller Manufacturing Company
 		 Held
Tools with Vinyl/PVC Grips DEHP Lil' Drug Store Products, Inc.
 		 Held
Tools with Vinyl/PVC Grips DEHP Mechanical Servants, Incorporated
 		 Held
Vinyl/PVC Gloves DEHP Raley's
 		 Held
Pond Nets with Vinyl/PVC Handle Grips DEHP Spectrum Brands Holdings, Inc.; Spectrum Brands, Inc.; United Industries Corporation; United Pet Group, Inc. Held

 

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

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Brimer v. Navajo Manufacturing Company and CVS Pharmacy, Inc.

Submitted by chirst on August 16, 2013
Date: 
August 6, 2013
Industry Categories: 
Hardware, Woodworking Power/Machine and Hand Tools
Featured: 
No

Citizen enforcer Russell Brimer’s allegations against settling parties Navajo Manufacturing Company (“Navajo”) and CVS Pharmacy, Inc. (“CVS”) were resolved on August 6, 2013, when the parties entered into an out-of-court Settlement Agreement. In this matter, Brimer alleged that Navajo and CVS sold tools with grips containing the heavy metal lead and the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconbrimerv.navajomanufacturingcompanyandcvs080613.pdf
Plaintiff: 
Russell Brimer
Defendant: 
Navajo Manufacturing Company and CVS Pharmacy, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Reformulation
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
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TCG Client Leeman Settles 4-MEI Case With Farmer Bros. for up to $30K

Submitted by mma on August 16, 2013
August 16, 2013

Dr. Whitney Leeman, a client of The Chanler Group, and Farmer Bros., a food service company, reached a settlement yesterday resolving Leeman’s allegations that Farmer Bros. violated Proposition 65 by offering for sale food extracts, flavorings, and colorings containing the chemical 4-MEI in California without the required health hazard warning. California has designated 4-MEI a chemical known to cause cancer, and under Proposition 65, companies offering for sale products containing chemicals known to cause cancer or reproductive harm must first provide consumers with a health hazard warning.

Farmer Bros. is a publically traded food service company with thousands of employees nationwide and a line of over 3,000 products. As part of the settlement, Farmer Bros. will pay an initial civil penalty of $5,000, 75% of which will be paid to California’s Office of Environmental Health Hazard Assessment (OEHHA), the lead agency responsible for the implementation of Proposition 65, and 25% of which will be paid to Dr. Leeman. Farmer Bros. has also agreed to manufacture, sell, or distribute for sale in California a product that contains no more than 1 part per million of 4-MEI.

As an incentive for reformulation of the products covered by the consent judgment, should Farmer Bros. provide a written certification that the covered products offered for sale in California comply with the reformulation standard as set out above by December 15, 2013, then Dr. Leeman has agreed to waive the remaining $25,000 of the civil penalty. The penalty is otherwise due on December 31, 2013.

This is the first settlement The Chanler Group has reached for its clients in regards to 4-MEI.

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 warnins. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

PDFs: 
application/pdf icons-leemanvfarmerbros081613.pdf
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New Chemical Safety Law Moving Forward, Needs Compromise

Submitted by mma on August 14, 2013
August 14, 2013

The U.S. Senate Committee on Environment and Public Works held a hearing earlier this month titled “Strengthening Public Health Protections by Addressing Toxic Chemical Threats,” with witnesses presenting testimony for and against the Chemical Safety Improvement Act (CSIA).  The bulk of the hearing was taken up by concerns about preemption of state law, as well as a lack of deadlines set forth in the CSIA.

Sen. Barbara Boxer (D-Calif.), the chair of the committee, said that she would not permit legislation that usurped the ability of California and other states to regulate chemicals, and questioned the presence of industry witnesses at the hearing, wondering if they advocated looser restrictions in order to make more money at the expense of public health.  She also criticized the lack of specific deadlines in the proposed legislation for EPA regarding the proposed testing and evaluation system, as well in prioritizing chemicals of concern.

Maureen Gorsen of Alston & Bird LLP, a former employee of Cal/EPA, testified that the waiver system described in CSIA, which will allow state governments to opt out of preemption, would allow California to enforce its own laws under CSIA.  California Attorney General Kamala Harris, as well as officials from the Department of Toxic Substances Control, has expressed concerns over whether or not the proposed barriers to apply for a waiver are insurmountable.

Sen. David Vitter (R-La.), one of the authors of the CSIA, said that he was already at work on updates to the bill in order to move a compromise forward.

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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