Prop 65 Warning

Clients of TCG Serve 11 60-Day Notices of Violation

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.

Date: 
August 6, 2013

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.

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

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.

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California Designates Coal Fuel Emissions as Known Carcinogen

July 29, 2013

California’s Office of Environmental Health Hazard Assessment (OEHHA) has added emissions from the combustion of coal to the list of chemicals known to the State of California to cause cancer, effective August 7, 2013.

This designation is based on formal identification by the International Agency for Research on Cancer (IARC), which is an authoritative body under OEHHA’s regulations.  OEHHA has authority to designate chemicals as known carcinogens or reproductive toxicants based on the determination of designated authoritative bodies, as long as the evidence considered by the authoritative body meets specified scientific criteria.

Under Proposition 65, companies offering products for sale in California containing chemicals known to the State to cause cancer or reproductive harm must first provide consumers with a health hazard warning.  Companies will have until August 8, 2013 to provide health hazard warnings to consumers who may be exposed to emissions from the combustion of coal.

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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EPA Expands Safer Chemical Ingredients List

July 26, 2013

The U.S. Environmental Protection Agency (EPA) has added more than 130 chemicals to its Safer Chemical Ingredients List, many of which are fragrances for commercial and consumer cleaning products.

The Safer Chemical Ingredients List was created in September 2012 as a resource for: manufacturers interested in making safer products; advocates seeking to encourage the manufacture and use of safer products; and consumers seeking to purchase or use safer products.  It also serves as a guide for Design for the Environment-certified (DftE) products, which are products that meet EPA’s standards for protecting human health and the environment.  DtfE-certified products significantly reduce exposure to chemicals harmful to users, their families, and the environment.

California’s EPA also maintains a chemical list for chemicals known to the State to cause cancer or reproductive harm.  The Office of Environmental Health Hazard Assessment (OEHHA) maintains this list in accordance with The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65.  Proposition 65 requires companies offering products for sale in California that contain carcinogens or reproductive toxicants to first provide consumers with a health hazard warning.

Taken together, the EPA’s Safer Chemical Ingredients List and the Proposition 65 chemical list allow consumers to make informed decisions in order to protect themselves, their families, and the environment.

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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EPA May Revise Rules On, or End Existing Authorized Uses of, PCBs

July 25, 2013

The U.S. Environmental Protection Agency (EPA) is seeking input to a federal panel that will explore changes to existing uses of polychlorinated biphenyls (PCBs).  PCBs are used in fluid-filled capacitors and transformers, fluorescent light ballasts, and natural gas pipelines.  They are a known carcinogen and reproductive toxicant, as well as an environmental pollutant.

PCBs were once widely used as coolants and insulating fluids, plasticizers in paints and cements, stabilizers in PVC, hydraulic fluids, sealants, and other uses.  Most of those uses have since been discontinued since PCBs were found to be toxic to human health as well as harmful to the environment, but limited use continues in closed systems such as capacitors and transformers.  The United States banned the domestic production of PCBs in 1979.

The State of California has designated PCBs as chemicals that are known to cause cancer and reproductive harm.  Under Proposition 65, companies that offer products for sale in California that contain PCBs must 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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TCG Clients Serve 11 More 60-Day Notices of Violation

July 24, 2013

Peter Englander, Anthony Held, and Laurence Vinocur--clients of The Chanler Group--served eleven 60-Day Notices of Proposition 65 Violation today.  The notices were served to companies offering products such as furniture, hand tools, and automotive 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, 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 Actuant Corporation, Fender Musical Instruments Corporation, and Pilot Automotive.

See below for a partial list of notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Tools with Vinyl/PVC Grips DEHP Actuant Corporation; GB Tools and Supplies, Inc.
 
Held
Drum Thrones with Vinyl/PVC Upholstery containing DEHP DEHP Fender Musical Instruments Corporation; KMC Music, Inc.
 
Held
Tools with Vinyl/PVC Grips DEHP MTD Holding Inc.; MTD Products Inc.; Arnold Corporation
 
Held
Seat Consoles DEHP Pilot Automotive Inc.; Pilot Inc.
 
Held
Tools with Vinyl/PVC Grips DEHP RPM International, Inc.; The Testor Corporation
 
Held
Vinyl/PVC Rainwear Pb Shelby Group International, Inc. Held

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

 

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Judge Tentatively Rules Baby Food Makers Exempt from Warning of Lead

July 19, 2013

A California judge issued a tentative and proposed decision this week that would hold that Dole, Gerber, Del Monte, Smucker’s, and other food makers are not required to provide California consumers with health hazard warnings regarding lead in baby food, juices, and packaged fruits made by these companies.  The tentative decision followed a month-long trial in this high-profile Proposition 65 action.  The Environmental Law Foundation brought the action, alleging that food companies violated Proposition 65 by selling products containing lead, a chemical known to the State of California to cause cancer and reproductive harm, without first providing a health hazard warning.  The judge will allow the parties on each side of the case to file objections to the tentative decision, and may also hold a hearing for additional argument.

The products involved included baby foods containing carrots, peaches, pears, and sweet potatoes, as well as grape juice, packaged pears and peaches, and fruit cocktail. 

The defendants argued that the lead levels are low enough that a Proposition 65 warning is not required, that the lead was naturally occurring, and that the federal Food and Drug Administration’s food safety programs preempts Proposition 65, a state law.  While the judge disagreed on preemption and stated that the defense did not prove the lead was naturally occurring, he did concede that the lead was found to be below “safe harbor” levels.  “Safe harbor” levels are adopted by the State, and provide that if a defendant can prove its products expose users to a concentration of chemical that is below the safe harbor level, then it is exempt from the warning requirement under Proposition 65.

According to tests conducted by the defendants, the average user who consumed their products was exposed to less than .5 micrograms per day of lead, averaged over 14 days.  The Maximum Allowable Dose Level for lead, as set by California’s Office of Environmental Health Hazard Assessment, is .5 micrograms per day, for exposures that may result in reproductive harm.   The “no significant risk level” for lead established by OEHHA is 15 micrograms per day, for exposures that may result in cancer.  Because the judge tentatively found that defendants established that exposures to lead from their products were within the safe harbor limits for lead, the judge tentatively ruled that defendants exempt from the warning requirements of Proposition 65.

The Environmental Law Foundation is expected to object to this tentative decision. The defendants may object as well, regarding the tentative rulings that Proposition  65 is not preempted by federal law, and that lead is not naturally occurring.  There is a possibility that the judge may change his mind.

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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Wash. State Report Shows Thousands of Kids’ Products Contain Toxic Chemicals

July 16, 2013

A report sponsored by the Washington Toxics Coalition and Safer States reveals that thousands of children’s products sold in the State of Washington contain toxic chemicals, including mercury, cadmium, cobalt, and phthalate chemicals.

In 2008, the Washington State Legislature passed the Children’s Safe Products Act, requiring manufacturers of children’s products to report the presence of 66 Chemicals of High Concern to Children in such products, the levels of the chemicals, the category of product containing them, and the reason for their use.  Manufacturers began reporting in 2012, and the database can be accessed at the Washington State Department of Ecology website.

More than 5,000 products have been reported so far, including children’s apparel, toys, bedding, and infant products, containing chemicals such as mercury, cadmium, cobalt, and antimony, known to cause cancer and reproductive harm; phthalate chemicals, known to cause reproductive harm; and solvents such as ethylene glycol, known to cause reproductive harm.  Children are at higher risk from such chemicals because of their small body mass, still-developing bodies, and tendency to mouth objects, which expose them to higher amounts of the chemical.  The chemicals may also escape from the products into household dust and indoor air, resulting in further exposure to everyone in the home, including children.

The most-reported category was children’s clothing, which was reported over 2,000 times, followed by children’s footwear, reported almost 1,000 times.  The most-reported chemicals were cobalt and cobalt compounds, followed by ethylene glycol and antimony and antimony compounds.

California’s Proposition 65 requires companies selling products that contain chemicals known to cause cancer or reproductive harm to first provide California consumers with a health hazard warning.  A list of the chemicals known to the State of California to cause cancer or reproductive harm is available on the website of the Office of Environmental Health Hazard Assessment; many of the chemicals mentioned in this report are already known carcinogens and reproductive toxicants in California, including mercury, antimony, cobalt, and several phthalate chemicals. 

Citizen enforcer clients of The Chanler Group have discovered the presence of many such chemicals in children’s products such as toys, children’s clothing, and children’s footwear and have initiated enforcement actions, leading to civil penalties and product reformulation to remove the toxic chemicals.

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.

See below to read the full report.

Files: 
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Calif. Lists Cyanide Chemicals as Known to Cause Reproductive Harm

July 9, 2013

California’s Office of Environmental Health Hazard Assessment (OEHHA) has officially designated hydrogen cyanide (HCN) and cyanide salts (CN salts) as chemicals known to the State of California to cause reproductive harm, effective July 5, 2013.  Beginning July 5, 2014, Companies selling or distributing products that contain HCN or CN salts in the State of California will first have to provide consumers with a health hazard warning.

HCN and CN salts are used in mining, metallurgy, manufacturing, photography, electroplating, and as a rodenticide.  They are also released from burning yard waste, volcanoes, and natural processes and are a component of tobacco smoke.

This designation is based on formal identification by the U.S. Environmental Protection Agency (EPA) that the chemicals cause male reproductive toxicity.  The EPA is considered an “authoritative body” by OEHHA.  OEHHA has authority to designate chemicals as known carcinogens or reproductive toxicants based on the determination of certain specified authoritative bodies.

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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