Proposition 65

Citizen enforcer Anthony E. Held has filed a complaint in Marin County Superior Court against Korres USA Ltd., LVMH Moet Hennessey Louis Vuitton, and Sephora, alleging that the defendants violated Proposition 65 by not providing health hazard warnings to consumers that a certain product contained benzophenone.  Benzophenone is a chemical known to the State of California to cause cancer, and companies offering products for sale in California that contain benzophenone are required to provide consumers with a "clear and reasonable" warning of the risk of exposure.

In addition to civil penalties, Dr. Held seeks an injunction to prohibit the defendants from selling the sunscreen 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.

Things Remembered is recalling certain silver bracelets and charm necklaces because the clear surface coating contains lead in excess of federal safety limits.  The silver bracelets have 10 silver hearts and circle links and a single heart-shaped charm, while the necklaces are gold-plated with three charms: a pink ice cream cone, a pink crystal cupcake, and a gold-plated engraved SWEET tag.  They were sold at Things Remembered stores nationwide as well as on the website from February 2015 through June 2016.

Consumers are urged to immediately take the recalled jewelry away from children and contact Things Remembered for a full refund.

Lead is a chemical known to the State of California to cause cancer, birth defects, and other reproductive harm.  Under Proposition 65, companies offering products for sale that contain lead must provide California consumers with a warning of the risks 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.

Dr. Whitney R. Leeman has filed a complaint in Santa Clara County Superior Court against A&D Engineering, Inc. alleging Proposition 65 violations.  Leeman alleges that A&D sold stethoscopes with vinyl/PVC tubing that contained the phthalate chemical DEHP without the requisite health hazard warning.  DEHP is known to the State of California to cause birth defects and other reproductive harm, and state law requires that companies offering products for sale that contain DEHP must provide consumers with a Proposition 65 warning.

In addition to civil penalties, Leeman seeks an injunction to prevent A&D from selling stethoscopes with vinyl/PVC tubing 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.

Dr. Whitney R. Leeman has filed a complaint against Perseus Books, alleging that the company violated Proposition 65 by selling mugs with exterior decorations that contained the heavy metal lead without a health hazard warning.  Proposition 65 requires that companies offering products for sale in California that contain chemicals known to the State to cause cancer, birth defects, and/or other reproductive harm--of which lead is one--must provide consumers with a "clear and reasonable" warning of the risk of exposure.

In addition to civil penalties, Leeman seeks an injunction to prohibit Perseus Books from selling mugs with exterior decorations 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.

Dr. Whitney R. Leeman has successfully negotiated a settlement with Horizon Global Corporation for alleged Proposition 65 violations.  Leeman alleged that Horizon sold dust pans with vinyl/PVC grips 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 law requires that companies offering products for sale in California that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to paying civil penalties, Horizon has agreed to reformulate its dust pans to be free of DEHP or otherwise provide consumers with Proposition 65 warnings.  Should Horizon certify to Leeman that its dust pans are DEHP-free by December 15, 2016, Leeman has agreed to waive a portion of the civil fine.

For more details and to read the settlement itself, please see the case summary on our website: Leeman v. Horizon Global 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.