Proposition 65

Our client Paul Wozniak has negotiated a settlement with Newell Rubbermaid Inc., Calphalon Corporation, Irwin Industrial Tool Company, and Sanford, L.P. (collectively, “Newell”) in regards to alleged Proposition 65 violations.  Wozniak alleged that Newell sold nylon cooking utensils containing the chemical 4,4’-methylenedialine (4,4’-MDA) and vinyl/PVC tape and vinyl/PVC journal covers containing the phthalate chemical di(2-ethylhexyl)phthalate without the requisite health hazard warnings.  4,4’-MDA and DEHP are known to the State of California to cause cancer, birth defects, and/or reproductive harm, and companies offering products for sale that contain such chemicals must provide California consumers with a “clear and reasonable” warning of exposure risk.

In addition to civil penalties, Newell has agreed to sell only nylon cooking utensils and vinyl/PVC journal covers that have been reformulated to be virtually free of 4,4’-MDA and DEHP.  Vinyl/PVC tape will be sold with Proposition 65 warnings provided.  For more details, see the case summary on our website: Wozniak v. Newell Rubbermaid Inc., 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.

Our client Paul Wozniak has reached a settlement agreement with Johnson Outdoors Gear, Inc. in regards to alleged violations of Proposition 65.   Wozniak alleged that Johnson Outdoors Gear sold hand tools that contained the heavy metal lead without providing consumers with the requisite health hazard warning.  Lead is a chemical known to the State of California to cause cancer, birth defets, and/or other reproductive harm.

In addition to paying civil penalties, Johnson Outdoors Gear has agreed to reformulate their hand tools to virtually eliminate lead.  Should they accelerate their reformulation and provide a certification by May 15, 2015 that all their hand tools qualify as reformulated, Wozniak has agreed to waive a substantial portion of that civil penalty.

Read more details of the settlement on our website: Wozniak v. Johnson Outdoors Gear, 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.

Office Depot has certified to our client Laurence Vinocur that per Section 4.1.4 of the Consent Judgment, Office Depot is offering for sale only foam padded gaming chairs that have been reformulated to be virtually free of the flame retardants TDCPP, TCEP, and TDBPP.  As per the settlement agreement, Vinocur will waive a significant portion of the civil penalties that Office Depot would otherwise have had to pay.

TDCPP, TCEP, and TDBPP are chemicals known to the State of California to cause cancer.  Companies offering products for sale that contain such chemicals must provide consumers with "clear and reasonable" warnings of the risk of exposure.

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.

Our client Anthony Held has filed a complaint against CWC Inventories, Inc. alleging that CWC Inventories imports, manufactures, distribute, ship, sell, and/or offer for sale in California walking sticks with vinyl/PVC grips that contain the heavy metal lead and the phthalate chemical DEHP without the requisite health hazard warning.  Lead and DEHP are known to the State of California to cause birth defects and/or reproductive harm, and under Proposition 65, companies offering products for sale that contain such hazardous chemicals must provide consumers with a "clear and reasonable" warning of the risks of exposure.

In addition to civil penalties, Held seeks an injunction to prevent CWC Inventories from offering the products for sale without a Proposition 65 warning, and any such other and further relief as the Court deems just and proper.

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.

Laurence Vinocur has negotiated a settlement with Intel Corporation regarding allegations that the company offered for sale earphones with cords containing the phthalate chemical di(2-ethylhexyl)phthalate (DEHP) without the requisite health hazard warning.  DEHP is known to the State of California to cause birth defects and/or reproductive harm and under Proposition 65 law, companies products for sale that contain such chemicals must provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to civil penalties, Intel has agreed to reformulate the earphone cords to be virtually free of DEHP.  Vinocur agreed to waive a portion of the penalties if Intel extends the breadth of the reformulation to include other phthalate chemicals: BBP, DBP, DIDP, DINP, and DnHP.

For more details, please see the case summary on our website: Vinocur v. Intel 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.