Proposition 65

Wozniak and Vinocur Issue New 60-Day Notices

July 3, 2017
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Laurence Vinocur and Paul Wozniak have issued between them over 20 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as audio cables, electrical tape, headphones, and ceramic jars in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Wozniak and Vinocur allege that the companies’ products contain the phthalate chemical DEHP and/or the heavy metal lead, which are known to the State of California to cause birth defects and/or other reproductive harm.  Noticed companies include Bed Bath & Beyond, The Container Store, and Poolmaster.

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Englander Issues 15 New 60-Day Notices of P65 Violation

May 31, 2017
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Peter Englander has issued 15 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as gloves, luggage tags, and hand tools in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Englander alleges that the companies’ products contain the phthalate chemical DEHP and/or the heavy metal lead, which are known to the State of California to cause birth defects and/or other reproductive harm.  Noticed companies include Aldi, MakersKit, and National Cellular.

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Vinocur & Leeman Issue New 60-Day Notices of P65 Violation

May 1, 2017
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Laurence Vinocur and Dr. Whitney R. Leeman have issued dozens of new 60-Day Notices of Violation of Proposition 65 to companies offering products such as dried teas, drinking glasses, and camping lanterns in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Vinocur and Leeman allege that the companies’ products contain the phthalate chemical DEHP and/or the heavy metal lead, which are known to the State of California to cause birth defects and/or other reproductive harm.  Noticed companies include DavidsTea, Twinings North America, and CVS Health.

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Held Files Complaint Against Proctor & Gamble

April 28, 2017
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Client Anthony E. Held, Ph.D., P.E. has filed a complaint in Marin County Superior Court against The Proctor & Gamble Company, alleging that Proctor & Gamble failed to warn California consumers that their sunscreen products contained benzophenone.  Benzophenone is known to the State of California to cause cancer, and Proposition 65 requires that businesses offering products for sale in California that contain benzophenone must provide consumers with a warning of the risks of exposure.

Held seeks relief in the form of civil penalties and an injunction that will prohibit Proctor & Gamble from manufacturing, distributing, or offering sunscreen for sale in California without a "clear and reasonable 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.

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Wozniak Issues 26 New 60-Day Notices of Prop65 Violation

March 30, 2017
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Paul Wozniak has issued 26 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as dishes, headphones, and cables in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Wozniak alleges that the companies’ products contain the phthalate chemical DEHP and the heavy metal lead, which are known to the State of California to cause birth defects and/or other reproductive harm.  Noticed companies include Ace Products Enterprises, K & K Interiors, and The Music People.

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Wozniak Issues 10 New 60-Day Notices of Prop65 Violation

March 3, 2017
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Paul Wozniak has issued 10 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as hand tools, sunglasses cases, and utility gloves in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Wozniak alleges that the companies’ products contain the phthalate chemical DEHP, which is known to the State of California to cause birth defects and/or other reproductive harm.  Noticed companies include Desco Corporation, Mueller Electric Company, and Style Eyes.

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Yamaha Recalls Grand Piano Benches Due to Excess Lead

February 21, 2017
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Yamaha Corporation of America has issued a recall for piano benches sold with Yamaha grand pianos.  The interior compartment of the piano bench uses paint that has been found to contain lead in excess of federal standards.  Consumers are urged to remove the benches and contact Yamaha Corporation of America for instructions on returning the benches for a free replacement.

The recalled benches are brown wood with a brown padded leather seat and a compartment under the seat.  The benches were sold at piano stores nationwide from January 2009 through November 2016.  A list of piano serial numbers sold with the recalled bench is available at Yamaha's bench recall page, along with a claim form.

Lead is a chemical known to the State of California to cause cancer, birth defects, and other reproductive harm.  Products sold in California that contain lead must provide consumers with a Proposition 65 warning of probable lead exposure and its effects.

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.

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TCG Clients Issue 20 New 60-Day Notices of Prop65 Violation

February 2, 2017
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Anthony E. Held, Russell Brimer, and Whitney R. Leeman have issued 20 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as dried teas, gloves, and children's furniture in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Our clients allege that the companies’ products contain the phthalate chemical DEHP and/or the heavy metal lead, both of which are known to the State of California to cause birth defects and/or other reproductive harm.  Noticed companies include The TJX Companies, Vista Outdoor, and Klatch Coffee.

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Englander Files Complaint Against Lyman Products Corporation

January 13, 2017
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Peter Englander has filed a complaint in San Francisco County Superior Court against Lyman Products Corporation alleging that the company sold brass hammer pins that contained the heavy metal lead without the requisite health hazard warning.  Lead is known to the State of California to cause cancer, birth defects, and/or other reproductive harm, and Proposition 65 requires that companies offering products for sale in California that contain lead must provide consumers with a "clear and reasonable" warning of the risk of exposure.

In addition to civil penalties, Englander seeks an injunction to prohibit Lyman from selling the hammers in California without a Proposition 65 warning.  Lyman is a privately owned company specializing in shooting and reloading equipment for hunters, shooters, and law enforcement.

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.

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Vinocur Files Complaint Against Honeywell International

January 3, 2017
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Laurence Vinocur has filed a complaint in Alameda County Superior Court against Honeywell International alleging that the company sold gloves with vinyl/PVC components that contained the phthalate chemical DEHP without the requisite health hazard warning.  DEHP is known to the State of California to cause birth defects and/or other reproductive harm, and Proposition 65 requires that companies offering products for sale in California that contain DEHP must provide consumers with a "clear and reasonable" warning of the risk of exposure.

In addition to civil penalties, Vinocur seeks an injunction to prohibit Honeywell from selling the gloves in California without a Proposition 65 warning.  Honeywell is a multinational corporation that sells a variety of commercial and consumer products, from thermostats to fans to safety equipment (such as gloves).

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.

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