Proposition 65

Whitney R. Leeman, Ph.D has filed a complaint against JS Products alleging that the company offered for sale in California tools with vinyl/PVC grips that contained the phthalate chemical DEHP without the requisite health hazard warning.  DEHP is a chemical known to the State of California to cause birth defects and/or reproductive harm, and companies offering products for sale that contain DEHP are required to provide consumers with a “clear and reasonable” warning.

In addition to an injunction to prohibit JS Products from manufacturing, distributing, or offering tools with vinyl/PVC grips for sale or use in California, Dr. Leeman also seeks civil penalties and other 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.

Paul Wozniak has negotiated a settlement with Homestead International Group and GBG USA (collectively known as "Homestead") regarding allegations that the companies violated Proposition 65 by offering for sale glass jars with exterior decorations containing lead, without the required health hazard warning.  Lead is a chemical known to the State of California to cause cancer and reproductive harm, and companies selling products that contain such chemicals must provide consumers with a "clear and reasonable" Proposition 65 warning.

In addition to paying civil penalties, Homestead has agreed to sell only reformulated products in California that are virtually free of lead.  Homestead has also agreed to withdraw all unreformulated products from the California market.

For more details and to read the settlement, please see the case summary on our website.

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.

Fifty-five settlements and six complaints have been filed requiring renovation contractors and training providers to protect people from exposure to lead as required by EPA’s Lead-based Paint Renovation, Repair,  and Painting (RRP) standards, the U.S. Environmental Protection Agency (EPA) announced last week.  Lead is a chemical known to the State of California to cause cancer and reproductive harm.

The enforcement actions were issued for renovations performed on pre-1978 homes and child-care facilities. All of the settlements require that the alleged violators certify their compliance with RRP standards and, in most cases, pay civil penalties. In two of the settlements, the violators agreed to fund voluntary lead abatement supplemental environmental projects, which require the removal of lead-based paint and post-construction testing to ensure that no hazardous conditions remain. The settlements led to $213,171 in civil penalties and the violators coming into compliance with federal law.

Lead dust and debris from improper renovation activities on properties built prior to 1978 is a major source of lead exposure that can cause lead poisoning. Although using lead-based paint in dwellings was prohibited after 1978, it is still present in more than 30 million homes across the nation, in all types of communities. The RRP Rule provides important protections for children and others vulnerable to lead exposure. Even low levels of lead in the blood of children can result in behavior and learning problems, lower IQ and hyperactivity, slowed growth, hearing problems and anemia. In rare cases, ingestion of lead can cause seizures, coma and even death. 

The RRP Rule, which is part of the federal Toxic Substances Control Act, is intended to ensure that owners and occupants of pre-1978 “target housing” and “child-occupied facilities” receive information on lead-based paint hazards before renovations begin, that individuals performing such renovations are properly trained and certified, and that renovators and workers follow specific lead-safe work practices during renovations to reduce the potential for exposure to lead.

For more information, visit the EPA’s website for the full press release and list of settling companies.

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 

Dr. Whitney Leeman has reached a settlement with Gekkeikan regarding the sale of sake glasses and glass decanters with exterior decorations that allegedly contained the heavy metal lead, without the requisite Proposition 65 warning.  Proposition 65 prohibits companies from offering products for sale that contain chemicals known to the State of California to cause cancer and/or reproductive harm, such as lead, without providing consumers with a health hazard warning.

In addition to paying civil penalties, Gekkeikan has agreed not to sell any sake glasses or glass decanters with exterior decorations unless they are virtually free of lead.

For more information, see the case summary on our website: Leeman v. Gekkeikan Sake (U.S.A.), 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.