Prop 65 Warning

Brimer v. Central Purchasing, LLC, Harbor Freight Tools USA, Inc.

Submitted by T324Admin on February 11, 2013
Date: 
March 27, 2012
Industry Categories: 
Hardware, Woodworking Power/Machine and Hand Tools
Featured: 
No

On March 27, 2012, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Central Purchasing, LLC, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants Central Purchasing and Harbor Freight Tools USA, Inc. (collectively "Defendants") sold tape measures containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconCP_CJ_executed.pdf
Plaintiff: 
Brimer
Defendant: 
Central Publishing, LLC, Harbor Freight Tools USA, Inc.
Type: 
Consent Judgment
Relief: 
Warnings, Reformulation
Monetary: 
$60,000-$69,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Alvin & Company, Inc.

Submitted by T324Admin on February 11, 2013
Date: 
August 14, 2012
Industry Categories: 
Stationery and Office Fasteners, Tools & Supplies
Featured: 
No

On August 14, 2012, citizen enforcer Russell Brimer and settling defendant Alvin & Company, Inc. ("A&C"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that A&C sold pencil sharpeners containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconAlvin_ROS_Attach.pdf
Plaintiff: 
Brimer
Defendant: 
Alvin & Company, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Reformulation, Warnings
Monetary: 
$20,000-$29,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Court Battle Over Safety of Nail Polish

Submitted by T324Admin on February 11, 2013
April 14, 1993

As You Sow filed a lawsuit accusing 14 major cosmetic companies of failing to warn consumers that their nail polish contains potentially unsafe levels of a toxic chemical that causes birth defects. As You Sow seeks to force these companies to place warnings on their products identifying use of toluene, which listed as toxic under California's Proposition 65. "This chemical is known to the state of California to cause birth defects or other reproductive harm. Women deserve to be warned," said Clifford Chanler, As You Sow attorney.

Source: 
The Legal Intelligencer
Cross-Post On: 
None

As You Sow forces spray paint and adhesives industries to remove harmful chemical or warn consumers

Submitted by T324Admin on February 11, 2013
March 15, 1994

In response to As You Sow's lawsuit against spray paint and adhesive producers, many companies including Sherwin-Williams, Ace Hardware, Minwax and Testor will now be required to comply with California's health warning law. Many of the companies will be required to either reformulate their products to remove toluene, a chemical known to cause birth defects, or to market non-toxic alternatives. Using investigative evidence gathered by As You Sow, the California Attorney General filed parallel suits against five of the largest companies, resulting in a $1 million penalty against Sherwin-Williams and fines totaling $90,000 against Ace Hardware, DAP Products and ITW-Devcon.

Source: 
Business Wire
Cross-Post On: 
None

Auto Paint Makers to pay $1.2 Million to Settle Lawsuits

Submitted by T324Admin on February 11, 2013
February 28, 1995

As You Sow prosecuted California's auto paint makers for violation of Proposition 65, which requires warnings on products with toxic ingredients. The manufacturers have agreed to pay $1.2 million, keep lead and other toxic metals out of new paints, and place safety warnings on existing paint products sold to auto repair and remodeling shops. As You Sow has sued the Du Pont Company, PPG Industries, BASF, Akzo Nobel and 27 other paint companies in several countries for alleged violations of Prop 65. As You Sow will divide the settlements with the state and several environmental groups. "We believe that by forcing manufacturers to reformulate for the California market, the incentives will be there to take heavy metals out of products nationwide," said Tom Van Dyck, president of As You Sow.

Source: 
Contra Costa Times
Cross-Post On: 
None

Suit Settled Over Lead In Dishes

Submitted by T324Admin on February 11, 2013
January 16, 1993

Ten major manufacturers of china dishes have settled a consumer protection lawsuit filed by the state, agreeing to pay $2.3 million for not adhering to Prop 65 and warning consumers about the lead content in their tableware. This settlement is the largest award under Proposition 65. The ten companies also promised to reduce the lead content in their products by 50-percent over the next five years and are required to pay $1 million to create a public education fund to finance a lead safety information campaign for consumers. The prosecuted companies include Lenox, Wedgewood, Royal Doulton, Noritake, and Mikasa. These companies make up just ten percent of the china plates, cups and bowls sold in California.

Source: 
San Francisco Chronicle
Cross-Post On: 
None

Manufacturers of Nail Polish Named in Suit

Submitted by T324Admin on February 11, 2013
April 13, 1993

As You Sow sued major nail polish makers Revlon Inc, Procter & Gamble Co, Chesebrough-Ponds' U.S.A. Co., Elizabeth Arden and Max Factor & Co. for violating state law by not informing consumers, especially pregnant women, of the dangerous side effects of inhaling nail polish fumes containing toluene. This chemical is listed by the state as a reproductive poison and is a key ingredient in nail polish.

Source: 
San Francisco Chronicle
Cross-Post On: 
None

$1 million toxic-paint settlement

Submitted by T324Admin on February 11, 2013
March 16, 1994

The attorney general's office and As You Sow both prosecuted Sherwin-Williams, the largest producer of spray paint in California, as well as 38 other companies for violation of Prop 65 by failing to provide a clear warning label on the products that contain toluene, a chemical known to cause cancer. Sherwin-Williams has agreed to pay a $1 million penalty under Prop 65 as settlement. Other companies in violation include Ace Hardware, DAP Products, and ITW-Devcon.

Source: 
San Francisco Examiner
Cross-Post On: 
None

Paint Manufacturer Fined

Submitted by T324Admin on February 11, 2013
March 17, 1994

Sherwin-Williams Co. has agreed to pay a $1-million fine for failing to warn consumers that its Krylon spray paints contain the toxic chemical toluene. The state attorney general's office and As You Sow filed separate lawsuits under the 1986 California law, which requires warning labels on products made with chemicals known to cause cancer and birth defects, such as toluene.

Source: 
Los Angeles Times
Links: 
http://articles.latimes.com/1994-03-17/business/fi-35292_1_san-francisco-superio...
Cross-Post On: 
None

Ceramic Dish Makers Agree to Curb Use of Lead

Submitted by T324Admin on February 11, 2013
January 17, 1993

Ten leading ceramic dish manufacturers have agreed to reduce the amount of lead used in the production of their dishes and also institute a warning label to alert consumers of china patterns that pose health hazards. Lead is associated with hypertension and known to cause birth defects along with other reproductive disorders. Stores that sell the dishes are required to have warning signs explaining that the dishes will expose the user to lead. Manufacturers agreed to reduce the lead in dish patterns that exceed the limit by fifty percent over five years.

Source: 
The New York Times
Links: 
http://www.nytimes.com/1993/01/17/us/ceramic-dish-makers-agree-to-curb-use-of-le...
Cross-Post On: 
None
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