Proposition 65

Leeman and Annie International Settle Re: DEHP in Hair Brushes

August 6, 2015
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Dr. Whitney R. Leeman has negotiated a successful settlement with Annie International in regards to alleged violations of Proposition 65.  Leeman had alleged that Annie sold hair brushes with vinyl/PVC grips that contained the phthalate chemical DEHP without the requisite health hazard warning.  Proposition 65 requires companies offering products for sale in California that contain DEHP to provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to paying civil penalties, Annie has agreed to sell only hair brushes that have been reformulated to be virtually free of DEHP, or else provide consumers with a Proposition 65 warning.  Should Annie provide Leeman with certification by September 30, 2015 that all its hair brushes sold in California meet the reformulation requirements, Leeman has agreed to waive part of the civil penalty.

For more details, please see the case summary on our website: Leeman v. Annie International, Inc.

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 Held and Moorberg Issue 15 New 60-Day Notices of Proposition 65 Violation

July 31, 2015
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Anthony E. Held and Mark Moorberg issued 15 new 60-Day Notices of Violation of Proposition 65 today, to companies offering products such as gloves, sunscreen, and notebooks in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  These citizen enforcers allege that the companies’ products contain the phthalate chemicals DEHP and/or DINP or the chemical benzophenone.  DINP and benzophenone are known to the State of California to cause cancer, while DEHP is known to the State to cause birth defects and other reproductive harm.  The noticed companies include ColArt, Tomy Corporation, and Beaumont Products.

See below for a partial list of notices:

 

Product Chemical Alleged Violator Citizen Enforcer
Sunscreen Benzophenone Beaumont Products Incorporated Anthony E. Held
Vinyl/PVC Gloves DINP Casabella Holdings L.L.C. Anthony E. Held
Vinyl/PVC Art Cases DEHP ColArt/Americas, Inc. Mark Moorberg
Vinyl/PVC Notebook Covers DEHP Gartner Studios, Inc.; Mara-Mi, Inc. Mark Moorberg
Vinyl/PVC Holiday Door Decorations DEHP Impact Innovations, Inc. Mark Moorberg
Vinyl/PVC Gloves DINP Midwest Quality Gloves, Inc. Anthony E. Held
Vinyl/PVC Tool Grips DEHP Rexnord Corporation; RBS Global, Inc.; Zurn Industries, Inc. Mark Moorberg
Stools with Vinyl/PVC Upholstery DEHP Shoham Ltd.; Alvin and Company, Inc. Mark Moorberg
Vinyl/PVC Gloves DINP Tomy Corporation; Tomy International, Inc. Anthony E. Held
Vinyl/PVC Gloves DINP Trimaco, LLC Anthony E. Held
Vinyl/PVC Gloves DINP Volk Enterprises, Inc. Anthony E. Held

 

See our most recent 60-Day Notices

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Leeman Negotiates Settlement with Champion Power Equipment

July 29, 2015
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Dr. Whitney R. Leeman has negotiated a successful settlement with Champion Power Equipment, Inc. in regards to alleged violations of Proposition 65.  Leeman had alleged that Champion sold automotive booster cables and generator covers that contained the phthalate chemical DEHP without the requisite health hazard warnings.  DEHP is known to the State of California to cause birth defects and/or reproductive harm, and companies offering products for sale that contain DEHP must provide consumers with a Proposition 65 warning of the risks of exposure.

In addition to paying civil penalties, Champion has agreed to sell only automotive booster cables that have been reformulated to be virtually free of DEHP, while generator covers shall be sold with a Proposition 65 warning.  

For more details of the settlement and to read the agreement itself, please see the case summary on our website: Leeman v. Champion Power Equipment, Inc.

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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Vinocur Settles With Midland Radio Re: Headsets and DEHP

July 28, 2015
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Citizen enforcer Laurence Vinocur and Midland Radio Corporation have reached a settlement agreement regarding alleged violations of Proposition 65.  Vinocur alleged that Midland sold headsets with cords containing the phthalate chemical DEHP, which is known to the State of California to cause birth defects and other reproductive harm, without the requisite health hazard warning.  Under Proposition 65 law, companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to civil penalties, Midland has agreed to sell only headsets that have been reformulated to be virtually free of DEHP.  Should Midland accelerate the reformulation and provide Vinocur with certification that all its headsets are DEHP-free by October 1, 2015, Vinocur has agreed to waive part of the civil penalty.

For more details and to read the settlement itself, please see the case summary on our website: Vinocur v. Midland Radio Corporation

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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Vinocur and InMusic Brands Settle Re: DEHP in Headphones

July 24, 2015
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Laurence Vinocur has successfully negotiated a settlement with InMusic Brands, Numark International, and Numark Industries (collectively, “InMusic”) regarding alleged violations of Proposition 65.  Vinocur had alleged that InMusic sold headphones with vinyl/PVC components that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and other reproductive harm, without the requisite Proposition 65 health hazard warning.

In addition to paying civil penalties, InMusic has agreed to provide consumers with a “clear and reasonable” warning of the risk of exposure or sell only headphones that are virtually free of not only DEHP, but additional phthalate chemicals DBP, BBP, and DINP.  Should InMusic provide certification to Vinocur by November 1, 2015 that all its headphones sold in California meet these reformulation standards, then Vinocur has agreed to waive a portion of the civil penalty.

To read the settlement itself, see the case summary on our website: Vinocur v. InMusic Brands, et al.

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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Held Files Complaint Against Kimberly-Clark Re: DINP in Gloves

July 21, 2015
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Dr. Anthony Held has filed a complaint in Marin County Superior Court against Kimberly-Clark Corporation alleging violations of California’s Proposition 65.  Proposition 65 requires companies offering products for sale in California that contain chemicals known to the State to cause cancer, birth defects, and/or reproductive harm to provide consumers with a warning of the risks of exposure.  Held alleges that Kimberly-Clark sold vinyl/PVC gloves that contained diisononyl phthalate (DINP), known to the State to cause cancer, without the requisite health hazard warning.

Kimberly-Clark is a publically traded personal care company whose brand name products include Kleenex, Kotex, and Huggies.  Its revenue is in the billions of dollars each year.

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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Leeman Settles With Dick’s Sporting Goods Re: DEHP in Cooking Utensils

July 17, 2015
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Dr. Whitney R. Leeman has negotiated a successful settlement with Dick’s Sporting Goods regarding alleged violations of Proposition 65.  Leeman had alleged that Dick’s Sporting Goods sold cooking utensils with vinyl/PVC grips 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 under Proposition 65 law, companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to paying civil penalties, Dick’s Sporting Goods has agreed to sell only cooking utensils that are virtually free of not only DEHP, but additional phthalate chemicals DBP, BBP, and DINP that are also known to cause cancer, birth defects, and/or other reproductive harm.  Products that do not meet the reformulation requirements must be accompanied by a Proposition 65 warning.

For more details and to read the settlement itself, please see the case summary on our website: Leeman v. Dick’s Sporting Goods, Inc.

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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Moorberg and Held Issue 14 New 60-Day Notices

July 14, 2015
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Anthony Held and Mark Moorberg issued 14 new 60-Day Notices of Violation of Proposition 65 yesterday, to companies offering products such as gloves, headsets, 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.  These citizen enforcers allege that the companies’ products contain the phthalate chemicals DEHP and/or DINP and/or the heavy metal lead.  DINP is known to the State of California to cause cancer, while DEHP and lead are known to the State to cause birth defects and other reproductive harm.  The noticed companies include Avedis Zildjian, The Allen Company, and Sally Beauty Holdings.

See below for a partial list of notices

 

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Tool Grips; Vinyl/PVC Tool Grips DEHP, Lead The Allen Company, Inc. Mark Moorberg
Cymbal Bags with Vinyl/PVC Components DEHP Avedis Zildjian Co. Mark Moorberg
Vinyl/PVC Gloves DEHP International Sourcing Company, Inc. Mark Moorberg
Gloves with Vinyl/PVC Components DEHP QC Supply, LLC Mark Moorberg
Vinyl/PVC Gloves DINP Sally Beauty Holdings, Inc. Anthony E. Held
Vinyl/PVC Booster Cable Clamp Grips DEHP Schumacher Electric Corporation Mark Moorberg
Vinyl/PVC Gloves DINP Seidman Associates; The Safety Zone, LLC Anthony E. Held
Vinyl/PVC Gloves DINP Spilo Worldwide, Inc. Anthony E. Held
Headsets with Vinyl/PVC Components  DEHP Turtle Beach Corporation; Voyetra Turtle Beach, Inc. Mark Moorberg

See our most recent 60-Day Notices

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Held Files Complaint Against Inteplast Alleging DINP in Gloves

July 9, 2015
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Dr. Anthony Held has filed a complaint against Inteplast Group in Alameda County Superior Court alleging violations of Proposition 65.  Proposition 65 requires companies offering products for sale in California that contain chemicals known to the State to cause cancer, birth defects, or reproductive harm to provide consumers with a health hazard warning.  Held alleges that Inteplast sold vinyl/PVC gloves containing the phthalate chemical DINP, which is known to the State to cause cancer.

In addition to civil penalties, Held seeks an injunction to prohibit Inteplast from selling the gloves in California without a Proposition 65 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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Englander v. Big Lots, Inc., et al

Date: 
June 30, 2015

Citizen enforcer Peter Englander’s allegations against defendants Big Lots, Inc. and Big Lots Stores, Inc.

Plaintiff: 
Englander
Defendant: 
Big Lots, Inc., Big Lots Stores, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$30,000 - $39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
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