Proposition 65

Held Settles with Neiman Marcus Re: DEHP in Earmuffs

Submitted by mma on October 21, 2015
October 21, 2015
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Dr. Anthony Held has successfully negotiated a settlement with Neiman Marcus in regards to “wired” earmuffs with vinyl/PVC cords that contained the phthalate chemical DEHP.  Held alleged that Neiman Marcus offered these ear muffs for sale without the Proposition 65 warning that was required because the cords contained DEHP, a chemical known to the State of California to cause birth defects and other reproductive harm.

In addition to paying civil penalties, Neiman Marcus agreed to cease selling earmuffs with vinyl/PVC cords unless they have been reformulated to be DEHP-free.

For more details and to read the settlement itself, please see the case summary on our website: Held v. Neiman Marcus Group LTD 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 Settles with Adenna Re: DINP in Gloves

Submitted by mma on October 14, 2015
October 14, 2015
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Dr. Anthony Held has successfully negotiated a settlement with Adenna, Inc. to resolve allegations that Adenna violated Proposition 65 by selling vinyl/PVC gloves that contained the phthalate chemical DINP without the requisite health hazard warning.

DINP is known to the State of California to cause cancer, and companies offering products for sale that contain DINP must, under Proposition 65 law, provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to paying civil penalties, Adenna has agreed to reformulate their gloves to be free of DINP.

For more details of the case and to read the summary itself, please see the case summary on our website: Held v. Adenna, 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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Moorberg Files Complaint Against Stanley Black & Decker

Submitted by mma on October 9, 2015
October 9, 2015
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Mark Moorberg has filed a complaint against Stanley Black & Decker alleging that the company sold vinyl/PVC tool pouches in California that contained the phthalate chemical DEHP without the requisite health hazard warning.  DEHP is a chemical known to the State of California to cause birth defects and/or other reproductive harm.  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, Moorberg seeks an injunction to prevent Stanley Black & Decker from selling vinyl/PVC tool pouches in California without a Proposition 65 warning.

Stanley Black & Decker is a Fortune 500 manufacturer of industrial tools, security products, and household hardware.

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

PDFs: 
application/pdf icons-moorbergvstanleyblackanddecker-100215.pdf
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Moore Negotiates Settlement with Dezine News

Submitted by mma on October 7, 2015
October 7, 2015
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John Moore has successfully reached a settlement with Dezine News regarding alleged violations of Proposition 65.  Moore alleged that Dezine violated Proposition 65 when they sold vinyl/PVC belts 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.  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.  Moore alleged that Dezine failed to provide these warnings with their belts.

In addition to paying civil penalties, Dezine has agreed to sell only belts that have been reformulated to be free of not only DEHP, but additional phthalate chemicals DBP, BBP, DIDP, DnHP, and DINP.

For more details and to read the settlement itself, please see the case summary on our website: Moore v. Dezine News, 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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Brimer Settles with Standard Motor Products Re: DEHP

Submitted by mma on September 30, 2015
September 30, 2015
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Russell Brimer has successfully negotiated a settlement with Standard Motor Products, resolving allegations that the SMP violated Proposition 65 by selling booster cable clamps that contained DEHP without the requisite health hazard warning.  DEHP is a chemical 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 risks of exposure.

In addition to paying civil penalties, SMP has agreed to reformulate its booster cable clamps to be virtually free of DEHP.  Should SMP accelerate the reformulation and provide Brimer with certification that all booster cable clamps are DEHP-free before January 1, 2016, Brimer 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: Brimer v. Standard Motor Products

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 and Englander Issue 21 New 60-Day Notices of P65 Violation

Submitted by mma on September 25, 2015
September 25, 2015
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Yesterday, Dr. Anthony E. Held and Peter Englander issued 21 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as gloves, hand tools, and sprayers with vinyl/PVC tubing in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  These citizen enforcers allege that the companies’ products contain the phthalate chemicals DEHP and DINP and/or the heavy metal lead.  DEHP and lead are known to the State to cause birth defects and other reproductive harm, while DINP is known to cause Cancer.  The noticed companies include American Valve, Jarden Corporation, Michaels Stores, and Western Family.

See below for a partial list of Notices.

Product Chemical Alleged Violator Citizen Enforcer
Ball Bags with Vinyl/PVC Components; Field Hockey Gloves with Vinyl/PVC Components DEHP Harrow Sports, Inc. Anthony E. Held
Vinyl/PVC Coated Locks DEHP Accell North America, Inc. Peter Englander
Vinyl/PVC Tool Grips DEHP American Art Clay Co. Inc. Peter Englander
Valve Handles with Vinyl/PVC Grips DEHP American Valve, Inc. Peter Englander
Vinyl/PVC Dustpan Grips DEHP Carlisle Companies, Incorporated; Carlisle Sanitary Maintenance Products, Inc.; Carlisle Foodservice Products, Incorporated Peter Englander
Vinyl/PVC Tool Grips DEHP Conbraco Industries, Inc. Peter Englander
Ceramicware with Exterior Designs Lead Dylan’s Candybar, LLC Peter Englander
Sprayers with Vinyl/PVC Tubing DEHP The Fountainhead Group, Inc. Peter Englander
Vinyl/PVC Gloves DINP Jarden Corporation Anthony E. Held
Wine Boxes with Vinyl/PVC Handles  DEHP Lifetime Brands Inc. Peter Englander
Vinyl/PVC Gloves DINP The Michaels Companies, Inc.; Michaels Stores, Inc. Anthony E. Held
Sprayers with Vinyl/PVC Tubing DEHP Monsanto Company Peter Englander
Gloves with Vinyl/PVC Components  DEHP Tenacious Holdings, Inc. Peter Englander
Vinyl/PVC Tool Pouches  DEHP Waldom Electronics Corporation Peter Englander
Vinyl/PVC Gloves DINP Western Family Holding Company; Western Family Foods, Inc. Anthony E. Held

See our most recent 60-Day Notices

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Held Settles with Tender Corp. re: Gloves with DINP

Submitted by mma on September 23, 2015
September 23, 2015
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Dr. Anthony E. Held has successfully reached a settlement with Tender Corporation in regards to alleged violations of Proposition 65.  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 reproductive harm must provide consumers with a warning of the risks of exposure.  Held alleged that Tender Corporation violated Proposition 65 by selling vinyl/PVC gloves that contained the phthalate chemical DINP without the requisite health hazard warning.  DINP is known to the State of California to cause cancer.

In addition to paying civil penalties, Tender has agreed to sell only gloves that have been reformulated to be virtually free of DINP.

For more details and to read the settlement itself, please see the case summary on our website: Held v. Tender 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 Issues Nine New 60-Day Notices of Prop 65 Violation

Submitted by mma on September 16, 2015
September 16, 2015
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Yesterday, Dr. Whitney R. Leeman issued nine new 60-Day Notices of Violation of Proposition 65 to companies offering products such as stethoscopes, extension cords, and cosmetic bags in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  These citizen enforcers allege that the companies’ products contain the phthalate chemicals DEHP and DINP and/or the heavy metal lead.  DEHP and lead are known to the State to cause birth defects and other reproductive harm, while DINP is known to cause Cancer.  The noticed companies include Disston Company, Huffy Corporation, and Napoleon Perdis Cosmetics.

See below for a partial list of Notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Stethoscopes with Vinyl/PVC Tubing DEHP A & D Engineering, Inc. Whitney R. Leeman
Commercial Vehicle Seats with Vinyl/PVC Upholstery DEHP Commercial Vehicle Group, Inc.; National Seating Company Whitney R. Leeman
Vinyl/PVC Extension Cords DEHP Disston Company Whitney R. Leeman
Vinyl/PVC Bicycle Handle Grips DEHP Huffy Corporation; Wal-Mart Stores, Inc. Anthony E. Held
Vinyl/PVC Cosmetic Bags DEHP Napoleon Perdis Cosmetics, Inc.; Dillard’s, Inc. Whitney R. Leeman
Vinyl/PVC Toiletry Bags DEHP Naterra International, Inc. Whitney R. Leeman
Vinyl/PVC Bags DEHP Uniters North America, LLC Whitney R. Leeman
Vinyl/PVC Portfolio Covers DEHP The Upper Deck Company, LLC Whitney R. Leeman

 

See our most recent 60-Day Notices

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Brimer Files Complaint Against Lowe’s Companies Re: Electrical Tape

Submitted by mma on September 14, 2015
September 14, 2015
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Russell Brimer has filed a lawsuit against Lowe’s Companies in Alameda County Superior Court alleging violations of Proposition 65.  Brimer alleges that Lowe’s sold electrical tape containing the phthalate chemical DEHP without the requisite health hazard warnings.  DEHP is known to the State of California to cause birth defects and/or other reproductive harm.  Companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to civil penalties, Brimer seeks an injunction to prevent Lowe’s from selling electrical tape that contains DEHP 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

PDFs: 
application/pdf iconc-brimervlowes-091015.pdf
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Wozniak Reaches Settlement with A.L. Schutzman Company Re: Glass Jars

Submitted by mma on September 11, 2015
September 11, 2015
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Paul Wozniak has negotiated a settlement with A.L. Schutzman Company that resolve allegations that the company violated Proposition 65 by selling glass jars with exterior decorations that contained the heavy metal lead without the requisite health hazard warning.

Lead is known to the State of California to cause cancer, and Proposition 65 requires that companies offering products for sale in California that contain lead must provide consumers with a “clear and reasonable” warning of the risk of exposure.  Wozniak alleged that A.L. Schutzman failed to do so with its glass jars.

In addition to paying civil penalties, A.L. Schutzman has agreed to sell only glass jars whose exterior decorations have been reformulated to be virtually free of lead.

For more details and to read the settlement, please see the case summary on our website: Wozniak v. A.L. Schutzman Company, 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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