Proposition 65

Leeman Files Complaint Against Beam Suntory

March 11, 2016
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Leeman filed a complaint against Beam Suntory, the makers of Jim Beam, Courvoisier, and Maker’s Mark, alleging violations of Proposition 65 in its glassware sold in California.  Leeman alleges that Beam Suntory sold drinking glasses with exterior designs that contained excessive lead without the requisite health hazard warning to consumers.  Lead is known to the State of California to cause cancer, birth defects, and other reproductive harm.

In addition to civil penalties, Leeman seeks an injunction to prohibit Beam Suntory from selling drinking glasses 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.

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Held Settles With Inteplast Re: Vinyl/PVC Gloves

March 8, 2016
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Dr. Anthony Held has reached a settlement with Inteplast in regards to alleged Proposition 65 violations.  Held alleged that Inteplast did not provide consumers with health hazard warnings for its vinyl gloves, which allegedly contained the phthalate chemical DINP.  DINP is known to the State of California to cause cancer.

Inteplast has agreed to pay civil penalties and reformulate its gloves to be free of DINP, or else provide consumers with a Proposition 65 warnings.  Held has agreed to waive a portion of a civil fine should Inteplast provide certification by October 15, 2016 that all vinyl/PVC gloves sold in California are DINP-free.

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

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Leeman Settles with Dreamgear Re: Sports Armbands

March 4, 2016
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Our client Dr. Whitney R. Leeman has successfully negotiated a settlement with Dreamgear regarding alleged violations of Proposition 65.  Leeman alleged that Dreamgear sold sports armbands with vinyl/PVC straps that contained the phthalate chemical DEHP, which is known to the State of California to cause cancer.  Under Proposition 65 law, companies offering products for sale that contain DEHP must provide consumers with a Proposition 65 warning of the risk of exposure, which Leeman alleged that Dreamgear failed to do.

In addition to paying civil penalties, Dreamgear has agreed to reformulate its armbands to be virtually free of DEHP or provide consumers with a Proposition 65 warning.  Should Dreamgear provide Leeman with certification that all its armbands with vinyl/PVC straps sold in California are DEHP free, Leeman has agreed to waive a portion of the civil fines.

For more information and to read the settlement itself, please see the case summary on our website: Leeman v. Dreamgear, 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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Held Files Complaint Against ICON Health & Fitness

February 23, 2016
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Dr. Anthony E. Held has filed a complaint against ICON Health & Fitness, alleging violations of Proposition 65.  Dr. Held alleges that ICON sold exercise mats 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.

In addition to civil penalties, Dr. Held seeks an injunction to prevent ICON from selling exercise mats 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

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Leeman Files Complaint Against Home Essentials & Beyond

February 19, 2016
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Dr. Whitney Leeman has filed a complaint against Home Essentials & Beyond, alleging that Home Essentials sold glass canisters, jars, and mugs with exterior designs that contained lead without a Proposition 65 warning to consumers.  Lead is known to the State of California to cause cancer, birth defects, and other reproductive harm.  Home Essentials & Beyond products are sold in major national retailers such as Walmart and Bed Bath & Beyond, and online sites such as Wayfair and Amazon.

In addition to civil penalties, Dr. Leeman seeks an injunction to prevent Home Essentials from selling glass canisters, jars, and 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

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Wozniak Settles with Big Lots Re: Nylon Cooking Utensils

February 17, 2016
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Paul Wozniak has negotiated a settlement with national retail company Big Lots in regards to alleged violations of Proposition 65.  Wozniak alleged that Big Lots sold nylon cooking utensils that contained the chemical 4,4'-MDA, which is known to the State of California to cause cancer, without the requisite health hazard warning.

In addition to paying civil penalties, Big Lots has agreed to sell only nylon cooking utensils that have been reformulated to be virtually free of 4,4'-MDA.

For more details and to read the settlement itself, please see the case summary on our website: Paul Wozniak v. Big Lots, 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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Vinocur Settles with Marmot Mountain Re: Flame Retardants

February 12, 2016
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Laurence Vinocur has successfully negotiated a settlement with Marmot Mountain in regard to allegations that Marmot Mountain sold tents whose fabrics contained the flame retardant TDCPP without the requisite health hazard warning.  TDCPP is known to the State of California to cause cancer, and companies offering products for sale that contain TDCPP must provide consumers with a warning of the risk of exposure.

In addition to paying civil penalties, Marmot has agreed to sell in California only tents that are virtually free of not only TDCPP, but additional flame retardants TCEP and TDBPP, which are also known to the State of California to be carcinogenic.  Should Marmot accelerate reformulation and provide Vinocur with evidence of such by April 15, 2016, Vinocur has generously agreed to waive a significant portion of the civil penalty that would otherwise be applied.

For more details and to read the settlement itself, please see the case summary on our website: Vinocur v. Marmot Mountain, 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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KHS America Recalls Monkey Glockenspiel Due to Excessive Lead Paint

February 9, 2016
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KHS America has issued a recall of its 8-Note Monkey Glockenspiel because the pink metal note bar may contain levels of lead that exceed federal safety standards.  Lead is known to the State of California to cause cancer, birth defects, and/or other reproductive harm, and ingested lead can cause adverse health effets.

The instrument has eight metal bars in multiple colors mounted on a wooden base that is shaped like a monkey.  Consumers are urged to immediately remove the pink bar from the glockenspiel and contact KHS America at 800-283-4676 or www.gogreentones.com for a free replacement bar. 

The toys were sold at independent toy and music retailers as well as Amazon from January 2015 through September 2015.

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 Settles With Orgill Re: Padlocks Containing DEHP

February 5, 2016
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Russell Brimer has entered into a settlement agreement with Orgill in regard to alleged violations of Proposition 65.  Brimer alleged that Orgill sold vinyl/PVC-coated padlocks that contained the phthalate chemical DEHP without the Proposition 65 warning required by law.  DEHP is a chemical known to the State of California to cause birth defects and/or other reproductive harm.

Orgill has agreed to pay civil penalties and to sell only padlocks that have been reformulated to be virtually free of DEHP.

For more details and to read the settlement itself, please see the case summary on our website: Brimer v. Orgill, 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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Vinocur Files Complaint Against Bed Bath & Beyond Re: Children's Play Tents

February 3, 2016
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Laurence Vinocur has filed a complaint in San Francisco County Superior Court against national housewares chain Bed Bath & Beyond alleging violations of Proposition 65.  Vinocur alleges that Bed Bath & Beyond sold children's play tents containing the flame retardant chemical TDCPP, which is known to the State of California to cause cancer, without the required Proposition 65 warning.

In addition to civil penalties, Vinocur seeks an injunction to prohibit Bed Bath & Beyond from selling the tents without Proposition 65 warnings.

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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