Proposition 65

Seasonal Specialties Certifies That Its Products Are Phthalate Free

Submitted by mma on November 21, 2014
November 21, 2014
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Just ahead of the holidays, Seasonal Specialties has certified to Russell Brimer and The Chanler Group that its LED lights and other string lights with PVC cables, vinyl/PVC greenery, and holiday ornaments manufactured in or distributed to California are now free of the phthalate chemicals di(2-ethylhexyl)phthalate (DEHP), di-n-butyl phthalate (DBP), and butyl benzyl phthalate (BBP).

Earlier this year, Brimer reached a settlement with Seasonal Specialties in regards to alleged violations of Proposition 65.  DEHP, DBP, and BBP are chemicals known to the State of California to cause birth defects and other reproductive harm, and companies offering products for sale that contain these chemicals must provide consumers with a health hazard warning.  Brimer alleged that Seasonal Specialties had sold LED lights and other string lights with PVC cables to California consumers without providing such a warning.

Part of Seasonal Specialties’ civil penalties has been waived as a result of this certification.

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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Graco Certifies to Vinocur That Its Products Have Been Reformulated

Submitted by mma on November 17, 2014
November 17, 2014
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Graco Children’s Products have certified to our client Laurence Vinocur that it now only distributes and sells padded upholstered car seats that are virtually free of the flame retardants tris(1,3-dichloro-2-propyl) phosphate (TDCPP), tris(2-chloroethyl) phosphate (TCEP), and tris(2, 3-dibromylpropyl)phosphate (TDBPP).  As per the settlement agreement, Vinocur will waive a portion of the civil penalty that Graco would otherwise have had to pay.

For more details on the case, please see Vinocur v. Graco Children’s Products.

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 iconcostco_graco_cert_111714.pdf
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Englander v. Urban Home

Submitted by mma on November 17, 2014
Date: 
October 31, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Citizen enforcer Peter Englander’s allegations against defendant Urban Home were resolved on October 31, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Urban Home sold padded upholstered furniture including ottmans with foam-cushioned components containing tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and vinyl/PVC chairs containing the phthalate chemical di(2-ethylhexyl) phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf icons-englanderveuromarket-103114.pdf
Plaintiff: 
Englander
Defendant: 
Urban Home
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$60,000 – $69,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Leeman v. Lisle Corporation

Submitted by mma on November 17, 2014
Date: 
November 12, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Citizen enforcer Dr. Whitney R. Leeman and settling party Lisle Corporation (“Lisle”) executed an out-of-court Settlement Agreement on November 12, 2014.  In this matter, Leeman alleged that Lisle sold vinyl/PVC mats, cushions, and headrests containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.  

Case PDF: 
application/pdf icons-leemanvlisle-111214.pdf
Plaintiff: 
Leeman
Defendant: 
Lisle Corporation
Type: 
Out of Court Settlement
Relief: 
Reformulation, Warnings
Monetary: 
$50,000 - $59,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Vinocur Settles With KidCo Over Travel Beds for Children Containing Flame Retardant Chemicals

Submitted by mma on November 12, 2014
November 12, 2014
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Laurence Vinocur has negotiated a settlement with KidCo, Inc. in regards to children’s travel beds with fabric containing the flame retardant tris(1,3-dichloropropyl) phosphate (TDCPP).  TDCPP is a chemical known to the State of California to cause cancer, and companies offering products for sale that contain TDCPP must provide consumers with a “clear and reasonable” warning.  Vinocur alleged that KidCo violated Proposition 65 by selling these travel beds without the requisite health hazard warnings.

In addition to paying $5,500 in civil penalties, KidCo agreed to not sell any children’s travel beds in California unless they had been reformulated to be virtually free of TDCPP and tris(2,3-dibromylpropyl) phosphate (TDBPP).  Their current inventory will be sold with Proposition 65 warnings.

For more information, please see the case summary on our website: Vinocur v. KidCo, 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 v. KidCo, Inc.

Submitted by mma on November 12, 2014
Date: 
November 6, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Infant Products
Featured: 
No

Citizen enforcer Laurence Vinocur’s allegations against defendant KidCo, Inc. (“KidCo”) were resolved on November 6, 2014, when the parties executed an out-of-court settlement.  In this matter, Vinocur alleged that KidCo sold children’s travel beds with fabric containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf icons-vinocurvkidco-111014.pdf
Plaintiff: 
Vinocur
Defendant: 
KidCo, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$30,000 - $39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Moore v. Dorel U.S.A, Inc.

Submitted by mma on November 12, 2014
Date: 
October 24, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Citizen enforcer John Moore’s allegations against defendants Dorel U.S.A., Inc., Dorel Industries, Inc., Dorel Asia Inc., Dorel Juvenile Group, Inc., and Ameriwood Industries, Inc.

Case PDF: 
application/pdf icons-moorevdorel102514.pdf
Plaintiff: 
Moore
Defendant: 
Dorel U.S.A., Inc., Dorel Industries, Inc., Dorel Asia Inc., Dorel Juvenile Group, Inc., and Ameriwood Industries, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$120,000 - $129,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Englander Reaches Agreement with COA Re: Flame Retardants in Furniture

Submitted by mma on November 7, 2014
November 7, 2014
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Peter Englander has negotiated a settlement agreement with COA, Inc. in regards to alleged violations of Proposition 65.  Englander alleged that COA sold upholstered furniture with foam padding containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-chloroethyl) phosphate (TCEP) and stools with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (DEHP) without the requisite health hazard warnings.  TDCPP and TCEP are chemicals known to the State of California to cause cancer, while DEHP is known to cause birth defects or other reproductive harm.  Companies offering products for sale in California that contain such chemicals must provide consumers with a “clear and reasonable” warning.

In addition to paying $74,000 of civil penalties, COA has agreed not to sell any padded upholstered furniture or stools with vinyl/PVC upholstery in California unless the products have been reformulated to be virtually free of TDCPP, TCEP, DEHP, butyl benzyl phthalate (BBP), and di-n-butyl phthalate (DBP).  Should COA accelerate reformulation and provide The Chanler Group with certification that that all furniture sold in California after January 31, 2015 qualifies as reformulated, Englander agreed to waive a portion of the civil penalties.  Seventy-five percent of civil penalties go to the State of California to further public interest and the environment.

For more information, please see the case summary and settlement on our website: Englander v. COA, 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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Englander v. COA, Inc.

Submitted by chirst on November 7, 2014
Date: 
October 24, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

In the enforcement action Englander v. Acme Furniture Industry, Inc., et al., citizen enforcer Peter Englander’s allegations against defendant COA, Inc.

Case PDF: 
application/pdf iconacme_coa_ros.pdf
Plaintiff: 
Peter Englander
Defendant: 
COA, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$120,000-$129,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Moore, et al. v. Rhode Island Textile Company

Submitted by chirst on November 6, 2014
Date: 
October 24, 2014
Industry Categories: 
Apparel & Fashion Accessories
Pet Supplies
Featured: 
No

Whistleblowers John Moore and Mark Moorberg and settling party Rhode Island Textile Company (“Rhode Island”) entered into a Modified Settlement Agreement on October 24, 2014, which modified the original December 2012 Agreement.

Case PDF: 
application/pdf iconritextile_ros_attach.pdf
Plaintiff: 
John Moore, Mark Moorberg
Defendant: 
Rhode Island Textile Company
Type: 
Out-of-Court Settlement Agreement
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$10,000-$19,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None
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