Proposition 65 Warning

Held and Englander Issue 13 New Notices of Prop65 Violation

Submitted by mma on March 24, 2016
March 24, 2016
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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.

 

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Gloves DINP C.R. Bard, Inc. Anthony E. Held
Gloves with Vinyl/PVC Components DEHP Do It Best Corp. Peter Englander
Fuel Pump Nozzles with Vinyl/PVC Covers DEHP Fastenal Company Peter Englander
Vinyl/PVC Tubing DEHP General Foam Plastics Corp.; Beckett Corporation Peter Englander
Fuel Pump Nozzles with Vinyl/PVC Covers DEHP MSC Industrial Direct Co., Inc. Peter Englander
Fuel Pump Nozzles with Vinyl/PVC Covers DEHP Northern Tool & Equipment Company, Inc. Peter Englander
Gloves with Vinyl/PVC Components DEHP Saranac Glove Company, Inc.; Davis Glove and Mitten Co. Peter Englander
Sunscreen Lotions Benzophenone Sothys U.S.A., Inc.; Target Corporation; Dermstore LLC Anthony E. Held
Vinyl/PVC Zipper Pulls DEHP Zagg Incorporated Peter Englander

 

See our most recent 60-Day Notices

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Englander Settles with NuWorld Corporation Re: Compacts

Submitted by mma on March 16, 2016
March 16, 2016
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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.

PDFs: 
application/pdf icons-englandervnuworld-031516.pdf
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Held Settles With Inteplast Re: Vinyl/PVC Gloves

Submitted by mma on March 8, 2016
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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Held Files Complaint Against ICON Health & Fitness

Submitted by mma on February 23, 2016
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

PDFs: 
application/pdf iconc-heldvicon-021616.pdf
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Held Settles With Philips Re: DEHP in Headphones

Submitted by mma on December 16, 2015
December 16, 2015
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Dr. Anthony Held has reached a settlement with Philips Holding and Philips North America in regard to alleged violations of Proposition 65.  Held alleged that Philips sold headphones with earhooks that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and/or other reproductive harm. 

Under Proposition 65, companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure, which Held alleges that Philips failed to do for its headphones.

In addition to paying civil penalties, Philips has agreed to sell in California only headphones with earhooks that have been reformulated to be virtually free of DEHP.  Held has agreed to waive part of the civil penalty, as incentive for Philips to accelerate reformulation, should Philips provide Held with certification that all headphones with earhooks sold in California are DEHP-free by January 30, 2016.

For more details and to read the settlement itself, please see the case summary on our website: Held v. Philips Holding USA 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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Held Settles with McKesson Re: Gloves

Submitted by mma on December 11, 2015
December 11, 2015
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Dr. Anthony Held and McKesson Corporation have reached a settlement for Proposition 65 violations.  Dr. Held alleged that McKesson sold vinyl/PVC gloves gloves that contained the phthalate chemical DINP, which is known to the State of California to cause cancer.  Under Proposition 65 law, companies offering products for sale that contain DINP must provide consumers with a “clear and reasonable” warning of the risk of exposure, which Dr. Held alleges McKesson failed to provide.

McKesson is a publicly traded provider of pharmaceuticals, medical supplies, and health information technology.  As part of the settlement, McKesson has agreed to not sell any vinyl/PVC gloves in California unless the gloves have been reformulated to be free of DINP or have Proposition 65 warnings provided.  McKesson has also agreed to pay $17,000 in civil penalties, part of which Dr. Held has agreed to waive should McKesson provide certification by January 15, 2016 that all gloves sold in California meet the reformulation requirements.

For more details and to read the settlement itself, please see the case summary on our website: Held v. McKesson 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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John Moore Issues 12 New 60-Day Notices of Prop65 Violation

Submitted by mma on October 23, 2015
October 23, 2015
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John Moore has issued 12 new 60-Day Notices of Violation of Proposition 65 to companies offering products such as gloves, headphones, and 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.  Moore alleges that the companies’ products contain the phthalate chemical DEHP, which is known to the State to cause birth defects and other reproductive harm.  The noticed companies include Four Seasons Design, The Hillman Companies, and Tap Plastics.

See below for a partial list of Notices.

Product Chemical Alleged Violator Citizen Enforcer
Gloves with Vinyl/PVC Components DEHP Atlas Copco North America LLC; Chicago Pneumatic Tool Company, LLC John Moore
Headphones with Vinyl/PVC Components DEHP Four Seasons Design, Inc. John Moore
Keychains with Vinyl/PVC Components DEHP Hillman Companies LLC; The Hillman Companies, Inc. John Moore
Gloves with Vinyl/PVC Components DEHP Integrated Supply Network, LLC John Moore
Vinyl/PVC Tool Grips; Vinyl/PVC Tubing DEHP Tap Plastics, Inc., A California Corporation John Moore
Vinyl/PVC Tubing DEHP Xylem, Inc.; ITT Corporation

John Moore

See our most recent 60-Day Notices

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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 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 Files Complaint Against Houghton Mifflin Harcourt

Submitted by mma on August 21, 2015
August 21, 2015
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Last week, Dr. Whitney R. Leeman filed a complaint in San Francisco County Court against Houghton Mifflin Harcourt Company and Barnes & Noble alleging violations of Proposition 65.  Leeman alleges that the defendants sold books with covers that contained the heavy metal lead, a chemical known to the State of California to cause cancer, birth defects, and/or reproductive harm, without the requisite health hazard warnings. 

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 risks of exposure.

In addition to civil penalties, Leeman seeks an injunction to prevent the companies from selling any books with covers that contain lead 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

PDFs: 
application/pdf iconc-leemanvhoughtonmifflin-081215.pdf
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