Proposition 65

Held Settles with Estée Lauder Re: Sunscreen

June 24, 2016
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Dr. Anthony Held has reached a settlement with The Estée Lauder Companies in regards to alleged violations of Proposition 65.  Held alleged that Estée Lauder sold products with a Sun Protector Factor (“SPF) that contained the chemical benzophenone, which is known to the State of California to cause cancer, without the requisite health hazard warning.

In addition to paying civil penalties, Estée Lauder has agreed to reformulate its products to be virtually free of benzophenone and provide its vendors with the reformulation standards.

For more details and to read the settlement itself, please see the case summary on our website: Held v. The Estée Lauder 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 warnings.

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Moorberg Settles with Cortland Line Manufacturing

June 21, 2016
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Mark Moorberg has negotiated a settlement with Cortland Line Manufacturing for alleged Proposition 65 violations.  Moorberg alleged that Cortland sold vinyl/PVC nets and vinyl/PVC pouches 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/or other reproductive harm, and companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure.

For more details and to read the settlement itself, please see the case summary on our website: Moorberg v. Cortland Line Manufacturing LLC

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.

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Brimer Files Complaint Against Spectrum Brands

June 17, 2016
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Russell Brimer has filed a complaint in San Francisco County Superior Court against Spectrum Brands, alleging violations of Proposition 65.  Brimer alleges that Spectrum sold lanterns with vinyl/PVC handles that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and other reproductive harm.  Under Proposition 65 law, companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure, which Brimer alleges Spectrum failed to do.

In addition to civil penalties, Brimer seeks an injunction to prohibit Spectrum from selling lanterns with vinyl/PVC handles without the requisite 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.

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Far East Brokers Recalls Children’s Chairs and Swings Due to Lead Paint

June 9, 2016
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Far East Brokers has initiated a recall of its children’s chairs and swings because the screen-printing on the exterior fabric contains lead in excess of the federal standard.  The chairs and swings have metal frames and pink polyester fabric on which are large red butterfly images and other colorful designs.  The chairs and swings were sold at Weis Markets, wholesale distributors, grocery stores, and drug stores nationwide from January 2016 through April 2016 for between $10 and $50. 

Consumers are urged to immediately stop using the recalled chairs and swings, take them away from children, and return them to their place of purchase for a full refund.  About 6,000 units were sold.

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

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.

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Moore Settles with Novelty Re: Earphone Cords Containing DEHP

June 7, 2016
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John Moore has negotiated a settlement with Novelty, Inc. in regards to allegations that Novelty sold earphones with cords 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/or other reproductive harm, and California requires companies offering products for sale that contain DEHP to provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to paying civil penalties, Novelty has agreed to sell only earphones that have been reformulated to be free of DEHP.

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

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Leeman Settles with Dillard’s re: DEHP in Manicure Cases

June 2, 2016
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Dr. Whitney R. Leeman has negotiated a settlement with major upscale department store Dillard’s regarding alleged violations of Proposition 65.  Dr. Leeman alleged that Dillard’s violated Proposition 65 by selling manicure cases that contained the phthalate chemical DEHP without a Proposition 65 warning.  Proposition 65 requires companies offering products for sale that contain DEHP to provide a “clear and reasonable” warning to consumers that the product may expose them to risk of birth defects and reproductive harm.

In addition to paying civil penalties, Dillard’s has agreed to sell only manicure cases that have been reformulated to be virtually free of DEHP.  Should Dillard’s provide Dr. Leeman with certification by June 15, 2016 that all manicure cases sold in California are free of DEHP, Dr. 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. Dillard’s, 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.

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TCG Clients Issue 18 New 60-Day Notices of P65 Violation

May 27, 2016
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Dr. Anthony E. Held, John Moore, and Laurence Vinocur have issued 18 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as hand tools, sunscreen, and electrical tape in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Our clients allege that the companies’ products contain the phthalate chemicals DEHP, the heavy metal lead, and/or the chemical benzophenone, which are known to the State of California to cause cancer, birth defects and other reproductive harm.  Noticed companies include Advance Auto Parts, American Crafts, and Pfizer.

See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Electrical Tape; Vinyl/PVC Tool Grips DEHP Advance Auto Parts, Inc.; Carquest Corporation John Moore
Vinyl/PVC Cutting Mats DEHP American Crafts, L.C. John Moore
Footwear DEHP Celebrity International Inc.; Skidders Footwear Inc. John Moore
Vinyl/PVC Tool Grips DEHP Hunter’s Specialties, Inc. John Moore
Vinyl/PVC Keychains DEHP Just Funky LLC John Moore
Seat Cushions DEHP Pelican Products, Inc.; Hardigg Industries, Inc. John Moore
Octocrylene-containing Sunscreen (products claiming a Sun Protection Factor) Benzophenone Pfizer Inc. Anthony E. Held
Octocrylene-containing Sunscreen (products claiming a Sun Protection Factor) Benzophenone PhotoMedex, Inc. Anthony E. Held
Chairs with Vinyl/PVC Upholstery DEHP Plastic Development Group, LLC John Moore
Vinyl/PVC Electrical Tape DEHP Power Products LLC John Moore
Octocrylene-containing Sunscreen (products claiming a Sun Protection Factor) Benzophenone Prime Enterprises, Inc.; Big Lots, Inc. Anthony E. Held
Octocrylene-containing Sunscreen (products claiming a Sun Protection Factor); Bicycle Clutches DEHP, Benzophenone Recreational Equipment, Inc. Anthony E. Held
Octocrylene-containing Sunscreen (products claiming a Sun Protection Factor) Benzophenone Safeway Inc. Anthony E. Held
Chairs with Vinyl/PVC Upholstery; Chairs with Foam Padding DEHP, TDCPP Smart & Final Stores, Inc. Laurence Vinocur
Vinyl/PVC Cutting Mats DEHP Staples, Inc. John Moore
Exhibitor Harnesses with Vinyl/PVC Components DEHP Weaver Leather, LLC John Moore

 

See our most recent 60-Day Notices

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TCG Raises Over $4000 for San Mateo Legal Aid

May 24, 2016
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TCG attorney Brian Johnson shredded guitar in a "Battle of the Bands" style fundraising concert at last week's Fourth Annual Law Rocks San Francisco.  His band, Generator, raised over $4000 for the Legal Aid Society of San Mateo County, which provides free civil legal services to low-income San Mateo County residents.

Collectively, the event raised over $100,000 for various organizations, including the SF Marin Food Bank, the East Bay College Fund, and the Immigrant Legal Resource Center.

 

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Wozniak Settles Cases of Nylon Cooking Utensils Containing 4,4'-MDA

May 20, 2016
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Paul Wozniak has negotiated settlements with Acme International Enterprises, Franklin Financial Management, and East Bay Restaurant Supply regarding allegations that the companies sold nylon cooking utensils containing the chemical 4,4'-methylenedianiline ("4,4'-MDA") without the requisite health hazard warning.  4,4'-MDA is known to the State of California to cause cancer, and under Proposition 65 law, companies offering products for sale that contain 4,4'-MDA must provide consumers with a "clear and reasonable" warning of the risk of exposure.

For more details and to read the settlements, please see the case summaries on our website: Wozniak v. Acme International Enterprises, Inc. and Wozniak v. Franklin Financial Management, LLC, 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.

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Leeman Settles with Paradies Gifts Re: Ponchos

May 18, 2016
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Dr. Whitney R. Leeman has reached a settlement with Paradies Gifts regarding alleged violations of Proposition 65.  Leeman alleged that Paradies Gifts sold vinyl/PVC ponchos 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 companies offering products for sale that contain DEHP are required to provide consumers with a "clear and reasonable" warning of the risk of exposure.

In addition to paying civil penalties, Paradies Gifts has agreed to sell in California only ponchos that have been reformulated to be virtually free of DEHP, or else provide consumers with a Proposition 65 warning.  Should Paradies Gifts provide Leeman with certification by March 15, 2017 that all ponchos sold in California are reformulated, Leeman has agreed to waive a portion of the civil penalty.

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

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