Proposition 65 Warning

Russell Brimer has issued seven new 60-Day Notices of Violation of Proposition 65 to companies offering products such as napkin rings, cables, and tubing in California that contain chemicals known to the State to cause cancer and/or reproductive harm without the requisite health hazard warning.  Brimer alleges that the companies’ products contain the phthalate chemical DEHP, which is known to the State of California to cause birth defects and other reproductive harm.  Noticed companies include CAP Barbell, Glenoit, and MicroMatic.

See below for a list of Notices.

See our most recent 60-Day Notices

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.

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.

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.