Proposition 65

Brimer v. Franklin Sports, Inc.

Submitted by T324Admin on February 11, 2013
Date: 
November 1, 2011
Industry Categories: 
Apparel & Fashion Accessories
Featured: 
No

On November 1, 2011, citizen enforcer Russell Brimer and settling defendant Franklin Sports, Inc. ("Franklin"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Franklin sold baseball uniform belts composed of material containing the heavy metal lead in the State of California without providing the health hazard warnings required by Proposition 65.

Case PDF: 
application/pdf iconFranklinSports_ROS_Attach.pdf
Plaintiff: 
Brimer
Defendant: 
Franklin Sports, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Reformulation
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Fortune Bands, Inc. and Master Lock Company LLC, et al.

Submitted by T324Admin on February 11, 2013
Date: 
January 9, 2012
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

On January 9, 2012, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Fortune Bands, Inc. and Master Lock Company LLC, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants, Fortune Bands, Inc. and Master Lock Company LLC ("Fortune and Master"), sold storage bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconFortune_ROS_Attach.pdf
Plaintiff: 
Brimer
Defendant: 
Fortune Bands, Inc. and Master Lock Company LLC, et al.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$40,000 -$49,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Dollar Empire, LLC

Submitted by T324Admin on February 11, 2013
Date: 
June 22, 2011
Industry Categories: 
Stationery and Office Fasteners, Tools & Supplies
Featured: 
No

On June 22, 2011, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Dollar Empire, LLC, which resolved citizen enforcer Russell Brimer's allegations that the defendant Dollar Empire, LLC ("Dollar Empire") sold vinyl-coated paper fasteners in the State of California containing the heavy metal lead without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconROS_Attach_Dollar_Empire.pdf
Plaintiff: 
Brimer
Defendant: 
Dollar Empire, LLC
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$10,000-$19,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Central Purchasing, LLC, Harbor Freight Tools USA, Inc.

Submitted by T324Admin on February 11, 2013
Date: 
March 27, 2012
Industry Categories: 
Hardware, Woodworking Power/Machine and Hand Tools
Featured: 
No

On March 27, 2012, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Central Purchasing, LLC, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants Central Purchasing and Harbor Freight Tools USA, Inc. (collectively "Defendants") sold tape measures containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconCP_CJ_executed.pdf
Plaintiff: 
Brimer
Defendant: 
Central Publishing, LLC, Harbor Freight Tools USA, Inc.
Type: 
Consent Judgment
Relief: 
Warnings, Reformulation
Monetary: 
$60,000-$69,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Acme United Corporation

Submitted by T324Admin on February 11, 2013
Date: 
February 1, 2011
Industry Categories: 
Children's Apparel and Fashion Accessories
Featured: 
No

On February 1, 2011, citizen enforcer Russell Brimer and settling defendant Acme United Corporation ("Acme") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Acme sold vinyl accessory pouches containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconacme_united_ros_attach.pdf
Plaintiff: 
Brimer
Defendant: 
Acme United Corporation
Type: 
Out-of-Court Settlement
Relief: 
Reformulation
Monetary: 
$20,000-$29,999
Monetary Relief: 
Civil Penalties
Used By: 
Children
Cross-Post On: 
None

As You Sow Takes On Cosmetics Companies

Submitted by T324Admin on February 11, 2013
May 17, 1993

Six companies have settled with As You Sow in lawsuits alleging violations of Proposition 65. The action alleges that under Proposition 65 both consumers and manicurists have a right to know the risks and side effects of toluene to pregnant women using nail polish containing the chemical. The settlement provides that Nutress Laboratories, Gar Labs, Gens Labs, Nails 2000, American Manicure Corp., and Jonel Inc. will immediately begin to eliminate toluene from their nail polish, and will make products that do not contain the hazardous chemical by the end of the summer.

Cross-Post On: 
None

Ashland Chemical Settles Toxic Enforcement Suit For $1.1 Million

Submitted by T324Admin on February 11, 2013
April 15, 1996

Excerpted from the full length article:

As You Sow, a Bay Area environmental public interest foundation, filed suit against Ashland Chemical for violations of the California Toxic Enforcement Act (Prop 65), Cal OSHA's Hazard Communications Standard (HazCom) and the Unfair Trade Practices Act. The San Francisco Superior Court approved a $1.1 million settlement for the case. "This settlement assures that California workers and consumers will receive clear notice of the health hazards associated with thousands of Ashland's toxic products," said Clifford Chanler, outside council for As You Sow and partner at Chanler & Somers. Proposition 65 and HazCom require manufacturers to provide health hazard warnings for products containing toxic chemicals. Ashland agreed to create non-toxic alternatives to its products and display a warning statement on the products containing chemicals known to cause cancer or birth defects.

Cross-Post On: 
None

Four More Nail Polish Makers Agree to Remove Toluene From Products

Submitted by T324Admin on February 11, 2013
August 20, 1993

Maybelline, Christian Dior, Elizabeth Arden, and Chesebrough-Ponds' Cutex have reached a settlement in As You Sow's lawsuit claiming violation of Proposition 65. The four major nail polish manufacturers, along with 22 other manufacturers who have settled with As You Sow, agreed to stop manufacturing and selling any products in California containing toluene, which is listed as a reproductive toxin under the Safe Drinking Water and Toxic Enforcement Act, also known as Proposition 65.

Source: 
BNA California Environment Daily
Cross-Post On: 
None

Paint Maker Agrees to Provide Warnings Under Settlement

Submitted by T324Admin on February 11, 2013
August 10, 1993

Rust-Oleum Corp, an Illinois paint manufacturer, has reached a settlement with As You Sow in response to allegations of inadequate warning of toluene in paint products under Proposition 65. Rust-Oleum agreed to supply warning labels to products still on the shelves. As You Sow sent 60-day notices of Proposition 65 violations to more than 40 paint and adhesives companies between October 1992 and January 1993. Chanler & Associates represented As You Sow in the legal proceedings of all the cases.

Source: 
BNA California Environment Daily
Cross-Post On: 
None

Nail-beauty firms begin to polish their image

Submitted by T324Admin on February 11, 2013
October 19, 1993

Toluene, a chemical frequently used in the production of spray paint and gasoline, is the second most common ingredient in nail polish and is known to cause birth defects when inhaled by pregnant women. While Toluene is undeniably harmful, many nail polish manufacturers claim that the amount inhaled through nail polish is not harmful. Much of this debate is derived from the several lawsuits filed by As You Sow against leading nail manufacturers. Revlon, Christian Dior and Maybelline have settled the lawsuits agreeing to remove the toluene from their products, yet still denying its danger. As you Sow claims that the toluene levels of prosecuted products exceed the Proposition 65 limit, which sets standards for each toxic chemical known to cause cancer or birth defects.

Source: 
The Vancouver Sun
Cross-Post On: 
None
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