Proposition 65

Our client Anthony E. Held, Ph.D., P.E. has settled with Shiseido Americas Corporation and Johnson & Johnson Consumer Inc. regarding alleged violations of Proposition 65.  Dr. Held alleged that Shiseido and Johnson & Johnson sold SPF products (such as sunscreen, lip balm, lotions containing sunscreen, etc.) 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, Shiseido and Johnson & Johnson have agreed to reformulate their products to virtually eliminate benzophenone.  As an incentive to Shiseido and Johnson & Johnson to accelerate reformulation, Dr. Held has agreed to waive a portion of the civil fine should the companies provide him with certification of such by June 15, 2018.

For more details and to read the settlements, please see the case summaries on our website: Held v. Shiseido Americas Corporation and Held v. Johnson & Johnson Consumer 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.

Russell Brimer has filed a complaint against FAM, LLC, alleging that FAM violated Proposition 65 by selling exercise balls containing 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 Proposition 65 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 civil penalties, Brimer seeks an injunction to prohibit FAM from selling exercise balls that contain DEHP in California unless they have been reformulated to be DEHP-free.

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 San Francisco County Superior Court against Frankford Candy LLC, alleging that Frankford Candy violated Proposition 65 by selling mugs with exterior designs containing the heavy metal lead without a health hazard warning to consumers.  Proposition 65 requires that companies offering products for sale in California that contain lead, a chemical known to the State to cause cancer, birth defects, and reproductive harm, must provide consumers with a warning of the risks of exposure.

In addition to civil penalties, Dr. Leeman seeks an injunction prohibiting Frankford Candy from selling mugs with exterior decorations 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.

TCG clients Dr. Anthony E. Held and Peter Englander have issued 13 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as disposable gloves, sunscreen, and fuel pump nozzles 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 and DINP, 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 Do It Best Corp., Saranac Glove Company, and Target.

See below for a partial list of Notices.

See our most recent 60-Day Notices

Peter Englander has negotiated a settlement with NuWorld Corporation over alleged violations of Proposition 65.  Englander alleged that NuWorld sold eye shadow compacts with vinyl/PVC components 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 the law requires companies offering products for sale that contain DEHP to provide consumers with a Proposition 65 warning of the risks of exposure.

In addition to paying civil penalties, NuWorld has agreed to sell only compacts that have been reformulated to be virtually free of DEHP or to provide consumers with a Proposition 65 warning.  Englander has agreed to wave a portion of the civil penalty should NuWorld provide him with a certification on or before March 31, 2016 that all eye shadow compacts sold in California are DEHP-free.

For more details and to read the settlement itself, please visit the case summary on our website: Englander v. Nu World 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.