Proposition 65 Warning

Held Negotiates Settlement with Shurtape Re: DEHP

Submitted by mma on April 6, 2015
April 6, 2015
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Dr. Anthony Held has secured a settlement with Shurtape Technologies, LLC for alleged violations of Proposition 65.  Held alleged that Shurtape sold vinyl/PVC electrical tape 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 Proposition 65 requires companies offering products for sale that contain such chemicals to provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to paying civil penalties, Shurtape has agreed to reformulate its electrical tape to be virtually free of DEHP.  For more details on the settlement, please see the case summary on our website: Held v. Shurtape Technologies, 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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TCG Clients Serve 23 New 60-Day Notices of Proposition 65 Violation

Submitted by mma on April 1, 2015
April 1, 2015
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Russell Brimer, Dr. Anthony Held, and Dr. Whitney Leeman served 23 new 60-Day Notices of Proposition 65 Violation yesterday to companies offering products such as vinyl/PVC electrical tape, hand tools, and light cords 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 chemicals DEHP and DINP, the chemical benzophenone, and/or the heavy metal lead, which are known to the State of California to cause birth defects and reproductive harm.  Some of the noticed companies include Orgill, Inc., Rotary Corporation, and Standard Motor Products, Inc.

See below for a partial list of notices.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Automobile Seat Covers  DEHP Automotive Innovations, Inc. Russell Brimer
Brass Water Hose Connectors Lead Camping World, Inc. Russell Brimer
Vinyl/PVC Eyewear Cases DEHP Eyewear Designs, Ltd. Russell Brimer
Vinyl/PVC Electrical Tape; Vinyl/PVC Gloves DEHP, DINP Genuine Parts Company; Balkamp Inc.; S. P. Richards Company Anthony E. Held, Ph.D., P.E.
LED Light Cords  DEHP The Gerson Company Russell Brimer
Vinyl/PVC Electrical Tape; Vinyl/PVC Gloves DEHP, DINP HBC Holdings, LLC; Howard Berger Co. LLC  Anthony E. Held, Ph.D., P.E.
Vinyl/PVC Hardware Cloth DEHP Itochu International Inc.; PrimeSource Building Products, Inc. Russell Brimer
Vinyl/PVC Coated  Padlocks  DEHP Orgill, Inc. Russell Brimer
Eyelash Curler Grips  DEHP Pacific World Corporation Russell Brimer
Vinyl/PVC Tool Grips  DEHP Privateer Press, Inc. Russell Brimer
Vinyl/PVC Tubing DEHP Rotary Corporation Russell Brimer
Vinyl/PVC Tubing DEHP SKF USA Inc.; Lincoln Industrial Corporation Russell Brimer
Vinyl/PVC Tool Grips  DEHP Standard Motor Products, Inc. Russell Brimer
Vinyl/PVC Earplug Cords DEHP SureFire, LLC Russell Brimer
Vinyl/PVC Keyrings DEHP Templeton Coal Company, Inc.; Dicksons Inc. Russell Brimer

See our most recent 60-Day Notices

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Vinocur Reaches Settlement With Yamaha Re: DEHP in Benches

Submitted by mma on March 30, 2015
March 30, 2015
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Laurence Vinocur has negotiated a settlement with Yamaha Corporation of America regarding alleged violations of Proposition 65.  Vinocur alleged that Yamaha sold benches with vinyl/PVC seats in California that contained the phthalate chemical DEHP, which is known to the State to cause birth defects and/or reproductive harm.  Companies offering products for sale that contain such chemicals are required by Proposition 65 to provide consumers with a “clear and reasonable” warning of the exposure risks, which Vinocur alleged Yamaha failed to do.

In addition to paying civil penalties, Yamaha has agreed to offer for sale in California only benches that have been reformulated to be virtually free of DEHP.  Should Yamaha accelerate the reformulation and provide written certification of this by November 1, 2015, Vinocur has agreed to waive a significant portion of the civil penalty.

For more details of the settlement, see the case summary on our website: Vinocur v. Yamaha Corporation of America

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.

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Held Negotiates Settlement with Product Quest Re: Sunscreen

Submitted by mma on March 23, 2015
March 23, 2015
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Dr. Anthony Held has secured a settlement with Product Quest Manufacturing LLC in regard to allegations that the company sold sunscreen containing the chemical benzophenone without the requisite health hazard warnings.

Benzophenone is a chemical known to the State of California to cause cancer, and companies offering products for sale in California that contain benzophenone are required by Proposition 65 to provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to civil penalties, Product Quest has agreed to sell only sunscreen that has been reformulated to be virtually free of benzophenone.  Please see the case summary on our website for more details and a copy of the settlement: Held v. Product Quest Manufacturing 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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Wozniak Settles With Newell Rubbermaid et al Re: Cooking Utensils and Office Supplies

Submitted by mma on March 16, 2015
March 16, 2015
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Our client Paul Wozniak has negotiated a settlement with Newell Rubbermaid Inc., Calphalon Corporation, Irwin Industrial Tool Company, and Sanford, L.P. (collectively, “Newell”) in regards to alleged Proposition 65 violations.  Wozniak alleged that Newell sold nylon cooking utensils containing the chemical 4,4’-methylenedialine (4,4’-MDA) and vinyl/PVC tape and vinyl/PVC journal covers containing the phthalate chemical di(2-ethylhexyl)phthalate without the requisite health hazard warnings.  4,4’-MDA and DEHP are known to the State of California to cause cancer, birth defects, and/or reproductive harm, and companies offering products for sale that contain such chemicals must provide California consumers with a “clear and reasonable” warning of exposure risk.

In addition to civil penalties, Newell has agreed to sell only nylon cooking utensils and vinyl/PVC journal covers that have been reformulated to be virtually free of 4,4’-MDA and DEHP.  Vinyl/PVC tape will be sold with Proposition 65 warnings provided.  For more details, see the case summary on our website: Wozniak v. Newell Rubbermaid 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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TCG Clients Serve 16 New 60-Day Notices of Prop65 Violation

Submitted by mma on March 13, 2015
March 13, 2015
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Dr. Anthony Held, John Moore, Laurence Vinocur, and Paul Wozniak served 16 new 60-Day Notices of Proposition 65 Violation today to companies offering products such as headphones, glass beverage dispensers, and cosmetic cases 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 DEHP and/or the heavy metal lead, which are known to the State of California to cause birth defects and reproductive harm.  Some of the noticed companies include Meijer Companies, First Texas Products, and Intracom.

See below for a partial list of notices.

 

Product Chemical Alleged Violator Citizen Enforcer
Badge Holders  DEHP Fashion Accessory Bazaar LLC Laurence Vinocur
Headphones with Vinyl/PVC Components DEHP First Texas Holding Corporation; First Texas Products, LLC Laurence Vinocur
Vinyl/PVC Headphone Pouches DEHP Harman International Industries, Incorporated Laurence Vinocur
Headsets with Vinyl/PVC Components DEHP Intracom U.S.A., Inc. Laurence Vinocur
Glass Beverage Dispensers with Exterior Designs Lead Meijer Companies, Ltd.; Meijer, Inc. Laurence Vinocur
Headset Cords DEHP Midland Radio Corporation Laurence Vinocur
Vinyl/PVC Tubing DEHP The Scott Fetzer Company; Wayne/Scott Fetzer Company Laurence Vinocur
Vinyl/PVC Earbud Pouches DEHP SDI Technologies Inc. Laurence Vinocur
Vinyl/PVC Cosmetic Cases DEHP Tarte, Inc. Laurence Vinocur

 

See our most recent 60-Day Notices

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Wozniak Settles with Johnson Outdoors Gear Re: Lead in Hand Tools

Submitted by mma on March 6, 2015
March 6, 2015
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Our client Paul Wozniak has reached a settlement agreement with Johnson Outdoors Gear, Inc. in regards to alleged violations of Proposition 65.   Wozniak alleged that Johnson Outdoors Gear sold hand tools that contained the heavy metal lead without providing consumers with the requisite health hazard warning.  Lead is a chemical known to the State of California to cause cancer, birth defets, and/or other reproductive harm.

In addition to paying civil penalties, Johnson Outdoors Gear has agreed to reformulate their hand tools to virtually eliminate lead.  Should they accelerate their reformulation and provide a certification by May 15, 2015 that all their hand tools qualify as reformulated, Wozniak has agreed to waive a substantial portion of that civil penalty.

Read more details of the settlement on our website: Wozniak v. Johnson Outdoors Gear, 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.

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Moore Files Complaint Against Artland and Nordstrom Alleging P65 Violations Re: Lead on Decorated Drinking Glasses

Submitted by mma on February 23, 2015
February 23, 2015
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Our client John Moore has filed a complaint in Alameda County Superior Court alleging that Artland, Inc. and Nordstrom, Inc. violated Proposition 65 by offering for sale drinking glasses with exterior designs that contain the heavy metal lead without the requisite health hazard warning.  Lead is known to the State of California to cause birth defects and/or other reproductive harm, and under Proposition 65 law, companies offering products for sale that contain lead must provide consumers with a “clear and reasonable” warning of the risk of exposure.

Moore seeks civil penalties and an injunction to prohibit Artland and Nordstrom from selling the products in California without a Proposition 65 warning, in addition to other and further relief as the Court deems just and proper.

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.

PDFs: 
application/pdf iconc-moorevartland-021815.pdf
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Office Depot Certifies to Vinocur That Chairs are Reformulated

Submitted by mma on February 16, 2015
February 16, 2015
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Office Depot has certified to our client Laurence Vinocur that per Section 4.1.4 of the Consent Judgment, Office Depot is offering for sale only foam padded gaming chairs that have been reformulated to be virtually free of the flame retardants TDCPP, TCEP, and TDBPP.  As per the settlement agreement, Vinocur will waive a significant portion of the civil penalties that Office Depot would otherwise have had to pay.

TDCPP, TCEP, and TDBPP are chemicals known to the State of California to cause cancer.  Companies offering products for sale that contain such chemicals must provide consumers with "clear and reasonable" warnings of the risk of exposure.

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.

 

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Vinocur Settles With Intel Re: DEHP in Earphone Cords

Submitted by mma on January 30, 2015
January 30, 2015
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Laurence Vinocur has negotiated a settlement with Intel Corporation regarding allegations that the company offered for sale earphones with cords containing the phthalate chemical di(2-ethylhexyl)phthalate (DEHP) without the requisite health hazard warning.  DEHP is known to the State of California to cause birth defects and/or reproductive harm and under Proposition 65 law, companies products for sale that contain such chemicals must provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to civil penalties, Intel has agreed to reformulate the earphone cords to be virtually free of DEHP.  Vinocur agreed to waive a portion of the penalties if Intel extends the breadth of the reformulation to include other phthalate chemicals: BBP, DBP, DIDP, DINP, and DnHP.

For more details, please see the case summary on our website: Vinocur v. Intel 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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