Proposition 65 Warning

Vinocur has successfully negotiated a settlement with Ross Acquisition regarding alleged Proposition 65 violations.  Earlier this year, Vinocur filed a complaint against Ross alleging that Ross sold mugs with exterior decorations containing the heavy metal lead, without the requisite health hazard warning.  Lead is a chemical known to the State of California to cause cancer, birth defects, and reproductive harm.

In addition to paying $100,000 in civil penalties, Ross has agreed to reformulate its products to be virtually free of lead.  For more details, please see the settlement and case summary on our website: Vinocur v. Ross Acquisition Co.

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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Bisphenol A (BPA) has been declared a female reproductive toxicant and added to a list of chemicals known to the State of California to cause cancer, birth defects, and/or reproductive harm, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced earlier this week.

Under Proposition 65, companies offering products for sale that contain such chemicals must provide consumers with a “clear and reasonable” warning of the risks of exposure.  Companies now have one year from the date of the listing to comply.

California designated BPA a reproductive toxicant in 2013 but was sued by the American Chemistry Council (ACC), and BPA was removed from the list pending litigation.  Earlier this year, a judge ruled against the ACC but left the injunction in place pending an appeal.  The ACC has since requested a new trial.

BPA is used in a variety of common consumer products, such as some hard plastic water bottles, thermal paper such as sales receipts, epoxy resins used to line the insides of food cans, and even CDs and DVDs.  Studies have shown that it can disrupt human egg development and that fetal exposure to BPA may result in prostate cancer later in life. The FDA has banned its use in baby formula packaging.

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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Dr. Anthony Held and Paul Wozniak served 22 new 60-Day Notices of Proposition 65 Violation on Friday to companies offering vinyl/PVC gloves and vinyl/PVC exercise mats for sale in California that contain chemicals known to the State to cause cancer and reproductive harm, without the required health hazard warning.  These citizen enforcers allege that the companies' products contain the phthalate chemical DINP, which is known to the State of California to cause cancer.  Some of the noticed companies include Franklin Financial Management, Rite Aid Corporation, and Clark Associates.

See below for a partial list of notices.

See our most recent 60-Day Notices

Dr. Whitney Leeman has negotiated a settlement with Stillwater Designs and Audio, Inc. concerning alleged violations of Proposition 65.  Proposition 65 requires companies offering products for sale in California that contain chemicals known to the State of California to cause cancer and/or reproductive harm to provide consumers with a health hazard warning.  Leeman alleged that Stillwater sold keychains containing the phthalate chemical DEHP, which is known to the State to cause birth defects and/or other reproductive harm, without warning consumers of the risks of exposure.

In addition to paying civil penalties, Stillwater has agreed to sell only keychains that have been reformulated to be virtually free of DEHP.  Should Stillwater accelerate the reformulation to take place by September 1, Leeman has agreed to waive a portion of the civil penalty.

Please read more details about the case on our case summary page: Leeman v. Stillwater Designs and Audio, 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Mark Moorberg has negotiated a settlement with Southern Telecom regarding alleged violations of Proposition 65.  Moorberg alleged that Southern Telecom had sold headphones with vinyl/PVC ear cushions that contained the phthalate chemical DEHP, which is known to the State of California to cause birth defects and/or other reproductive harm.  Companies offering products for sale in California that contain such chemicals are required by Proposition 65 to provide consumers with a health hazard warning, which Moorberg alleged Southern Telecom did not provide.

In addition to paying civil penalties, Southern Telecom has agreed to sell only headphones that have been reformulated to be virtually free of DEHP.  For other details of the settlement, please see the case summary on our website: Moorberg v. Southern Telecom 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.