Proposition 65

Held and Belkin Intl Settle Re: DEHP in Cables

Submitted by mma on June 1, 2015
June 1, 2015
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Anthony E. Held, Ph.D, P.E. and Belkin International, a major manufacturer of consumer electronics and connectivity devices, have reached a settlement agreement for alleged violations of Proposition 65.  Held alleged that Belkin offered for sale in California vinyl/PVC coated cables used with security locks that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and/or other reproductive harm.  Proposition 65 mandates that companies offering products for sale in California that contain such chemicals must provide consumers with a warning of the risk of exposure.

In addition to civil penalties, Belkin has agreed to sell only vinyl/PVC coated cables in California that have been reformulated to be virtually free of DEHP.  Should Belkin accelerate the reformulation and certify to Held that it is complete by August 1, 2015, Held has agreed to waive a part of the civil fine.

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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Wozniak Negotiates Settlement with Toys ‘R’ Us Over DEHP in Headphones

Submitted by mma on May 27, 2015
May 27, 2015
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Paul Wozniak has successfully negotiated a settlement with major toy retailer Toys “R” Us in regards to alleged violations of Proposition 65.  Wozniak alleged that Toys “R” Us offered for sale headphones with vinyl/PVC ear cushions that contained the phthalate chemical, DEHP, known to the State of California to cause birth defects and/or other reproductive harm.  Under Proposition 65 law, companies offering products for sale in California that contain DEHP must provide consumers with a “clear and reasonable” warning of the risks of exposure, which Wozniak alleged Toys “R” Us did not provide.

In addition to paying civil penalties, Toys “R” Us has agreed to sell only reformulated headphones that are virtually free of DEHP.  Should Toys “R” Us accelerate this reformulation and provide written certification to Wozniak that all headphones sold in California qualify as reformulated by June 30, 2015, Wozniak has agreed to waive a significant portion of the civil penalties.

You can read the settlement itself on the case summary page on our website: Wozniak v. Toys “R” Us

 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 Issue 20 New 60-Day Notices of Violation of Proposition 65

Submitted by mma on May 22, 2015
May 22, 2015
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Anthony Held, Whitney Leeman, John Moore, and Laurence Vinocur collectively issued 20 new 60-Day Notices of Violation of Proposition 65 yesterday, to companies offering products such as hand tools, spoon rests, and gloves for sale 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 DINP and DEHP 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 Acme United Corporation, Big Lots, and Wright & McGill Co.

See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Tool Grips DEHP Acme United Corporation Whitney R. Leeman
Spoon Rests Pb Big Lots, Inc.; Big Lots Stores, Inc. Whitney R. Leeman
Vinyl/PVC Gloves DINP Big Time Products, LLC Anthony E. Held
Vinyl/PVC Tool Grips DEHP Bon Tool Company John Moore
Vinyl/PVC File Case Handles DEHP C Line Products, Inc. John Moore
Vinyl/PVC Clip Grips DEHP Gibson Overseas, Inc. John Moore
Wrist Braces with Vinyl/PVC Components DEHP McDavid, Inc. John Moore
Vinyl/PVC Hoses DEHP NCH Corporation; Danco, Inc. John Moore
Vinyl/PVC Earphone Cords DEHP Novelty Inc. John Moore
Vinyl/PVC Gloves DINP Safetec of America Inc. Anthony E. Held
Vinyl/PVC Exercise Balls DEHP WBC Group, LLC John Moore
Vinyl/PVC Knife Grips DEHP Wright & McGill Co. John Moore

 

See our most recent 60-Day Notices

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Vinocur Negotiates Settlement with Ross Acquisition Re: Lead on Mugs

Submitted by mma on May 18, 2015
May 18, 2015
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Vinocur has successfully negotiated a settlement with Ross Acquisition regarding alleged Proposition 65 violations.  Earlier this year, Vinocur filed a complaint against Ross alleging that Ross sold mugs with exterior decorations containing the heavy metal lead, without the requisite health hazard warning.  Lead is a chemical known to the State of California to cause cancer, birth defects, and reproductive harm.

In addition to paying $100,000 in civil penalties, Ross has agreed to reformulate its products to be virtually free of lead.  For more details, please see the settlement and case summary on our website: Vinocur v. Ross Acquisition Co.

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 Settles with Dynarex Re: DINP in Gloves

Submitted by mma on May 15, 2015
May 15, 2015
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Dr. Anthony Held has negotiated a settlement with Dynarex Corporation regarding alleged Proposition 65 violations.  Held alleged that Dynarex’s vinyl/PVC gloves contained DINP, a phthalate chemical known to the State of California to cause cancer, and that Dynarex failed to provide consumers with the requisite a health hazard warning.

In addition to civil penalties, Dynarex has agreed to sell only gloves reformulated to be virtually free of DINP.  For more details of the settlement, see the case summary on our website: Held v. Dynarex 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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Bisphenol A Declared a Known Female Reproductive Toxicant to the State of California

Submitted by mma on May 13, 2015
May 13, 2015
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Bisphenol A (BPA) has been declared a female reproductive toxicant and added to a list of chemicals known to the State of California to cause cancer, birth defects, and/or reproductive harm, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced earlier this week.

Under Proposition 65, companies offering products for sale that contain such chemicals must provide consumers with a “clear and reasonable” warning of the risks of exposure.  Companies now have one year from the date of the listing to comply.

California designated BPA a reproductive toxicant in 2013 but was sued by the American Chemistry Council (ACC), and BPA was removed from the list pending litigation.  Earlier this year, a judge ruled against the ACC but left the injunction in place pending an appeal.  The ACC has since requested a new trial.

BPA is used in a variety of common consumer products, such as some hard plastic water bottles, thermal paper such as sales receipts, epoxy resins used to line the insides of food cans, and even CDs and DVDs.  Studies have shown that it can disrupt human egg development and that fetal exposure to BPA may result in prostate cancer later in life. The FDA has banned its use in baby formula packaging.

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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Baby’s Dream Recalls Cribs and Furniture Due to Lead Paint

Submitted by mma on May 8, 2015
May 8, 2015
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Baby’s Dream has initiated a recall of its full-size cribs, furniture, and accessories sold in a vintage gray paint finish that was found to exceed federal lead limits.  The recall includes furniture in the Brie, Braxton, Heritage, Everything Nice, and Legendary collections that were manufactured in Chile between March 2014 and March 2015.  The furniture was sold at specialty stores nationwide and from the Baby’s Dream website from March 2014 to March 2015.

Consumers who find that their furniture is included in the recall should immediately contact Baby’s Dream at 800-835-2742 or visit www.babysdream.com to arrange for an exchange.

See the recall on the Consumer Product Safety Commission website for a full list of the models and purchase order numbers included in the recall.

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 Files Complaint Against Ross Acquisition Re: Lead on Mugs

Submitted by mma on May 4, 2015
May 4, 2015
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Laurence Vinocur has filed a complaint in Marin County Superior Court against Ross Acquisition Co. alleging Proposition 65 violations regarding the presence of lead found on mugs with exterior designs sold in the State of California.  Lead is a chemical known to the State to cause cancer, birth defects, and/or reproductive harm, and under Proposition 65 law companies offering products for sale that contain lead must provide consumers with a warning of the risk of exposure.  Vinocur alleges that Ross did not provide such health hazard warnings.

In addition to civil penalties, Vinocur seeks an injunction to prevent Ross from manufacturing, importing, distributing, selling, and/or offering mugs with exterior decorations for sale 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.

PDFs: 
application/pdf iconc-vinocurvross-042815.pdf
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Wozniak and Held Serve 12 Additional New 60-Day Notices of Proposition 65 Violation

Submitted by mma on May 1, 2015
May 1, 2015
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Dr. Anthony Held and Paul Wozniak served 12 additional 60-Day Notices of Proposition 65 Violation earlier this week to companies offering products such as nylon cooking utensils, bags, and bicycle locks for sale in California that contain chemicals known to the State to cause cancer and reproductive harm, without the required health hazard warning.  These citizen enforcers allege that the companies' products contain the phthalate chemical DEHP, which is known to the State of California to cause birth defects and other reprodutive harm, and the chemical 4,4'-MDA, which is known to the State of California to cause cancer.  Some of the noticed companies include Bed Bath & Beyond and Neiman Marcus Group.

See below for a partial list of notices:

Product Chemical Alleged Violator Citizen Enforcer
Nylon Cooking Utensils 4,4'-MDA Bed Bath & Beyond Inc. Paul Wozniak
Nylon Cooking Utensils 4,4'-MDA Tramontina USA, Inc. Paul Wozniak
Ball Bags with Vinyl/PVC Components DEHP Caleel + Hayden LLC; Harrow Sports, Inc. Anthony E. Held
Motorcycle Tank Bags with Vinyl/PVC Components DEHP Classic Accessories, Inc. Anthony E. Held
Vinyl/PVC Self Stick Sheets DEHP Identity Group Holdings Corp. Anthony E. Held
Vinyl/PVC Bicycle Lock Cables DEHP J & B Importers, Inc.; CVS Health Corporation; CVS Pharmacy, Inc. Anthony E. Held
Vinyl/PVC Lap Cushions DEHP J.T. Posey Company Anthony E. Held
Vinyl/PVC Watch Boxes DEHP M.Z. Berger & Co. Inc. Anthony E. Held
Vinyl/PVC Fitness Benches DEHP Nautilus, Inc. Anthony E. Held
Earmuffs with Vinyl/PVC Cords  DEHP Neiman Marcus Group LTD LLC; The Neiman Marcus Group LLC Anthony E. Held
Vinyl/PVC Ball Valve Handles DEHP Quick Fitting, Inc. Anthony E. Held
Vinyl/PVC Tape; Vinyl/PVC Stickers DEHP Taylor Corporation; Navitor, Inc. Anthony E. Held

 

See our most recent 60-Day Notices

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Wozniak and Held Serve 22 New 60-Day Notices of Proposition 65 Violation Re: DINP

Submitted by mma on April 27, 2015
April 27, 2015
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Dr. Anthony Held and Paul Wozniak served 22 new 60-Day Notices of Proposition 65 Violation on Friday to companies offering vinyl/PVC gloves and vinyl/PVC exercise mats for sale in California that contain chemicals known to the State to cause cancer and reproductive harm, without the required health hazard warning.  These citizen enforcers allege that the companies' products contain the phthalate chemical DINP, which is known to the State of California to cause cancer.  Some of the noticed companies include Franklin Financial Management, Rite Aid Corporation, and Clark Associates.

See below for a partial list of notices.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Gloves DINP Franklin Financial Management, Inc. Paul Wozniak
Vinyl/PVC Gloves DINP Betty Dain Creations, LLC Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Clark Associates, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Custom LeatherCraft Mfg. Co., Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Exercise Mats DINP ICON Health & Fitness, Inc.; Weider Health and Fitness Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Inteplast Group, Ltd. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP The Meyer Company Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Omar Medical Supplies, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Principle Business Enterprises, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Rite Aid Corporation Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Shelby Group International, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Tender Corporation; CMC Group, Inc.; Century Marketing Corporation Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Tronex International, Inc. Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Gloves DINP Uline, Inc. Anthony E. Held, Ph.D., P.E.

 

See our most recent 60-Day Notices

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