Proposition 65 Warning

TCG Clients Serve 21 New 60-Day Notices of Proposition 65 Violation

Submitted by mma on January 23, 2015
January 23, 2015
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Our clients Dr. Anthony Held, Dr. Whitney Leeman, and Paul Wozniak served over 20 new 60-Day Notices of Proposition 65 Violation today to companies offering products such as PVC/vinyl gloves, nylon cooking utensils, and hand tools in California that contain chemicals known to the State to cause cancer and reproductive harm, without the required health hazard warning. Held, Leeman, and Wozniak allege that the companies' products contain the phthalate chemicals DEHP and DINP and the chemicals 4,4’MDA and benzophenone.  DEHP is known to cause birth defects and reproductive harm, while DINP, benzophenone, and 4,4’MDA are known to cause cancer. Some of the noticed companies include CVS Caremark Corporation, Raley’s, Dick’s Sporting Goods, and Office Depot.

See below for a Partial List of Notices.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Gloves DINP CVS Caremark Corporation; CVS Pharmacy, Inc. Anthony E. Held
Vinyl/PVC Gloves DINP Raley’s Anthony E. Held
Nylon Cooking Utensils 4,4'MDA Acme International Enterprises, Inc. Paul Wozniak
Nylon Cooking Utensils 4,4'MDA H. E. Butt Grocery Company; Raley’s Paul Wozniak
Nylon Cooking Utensils 4,4'MDA Hampton Forge, Ltd.; Sears Holdings Corporation Paul Wozniak
Nylon Cooking Utensils 4,4'MDA Harold Import Co., Inc. Paul Wozniak
Hair Brushes with Vinyl/PVC Grips DEHP Annie International, Inc. Whitney R. Leeman
Vinyl/PVC Battery Booster Cables DEHP C. R. Laurence Co., Inc.; W. W. Grainger, Inc. Whitney R. Leeman
Tools with Vinyl/PVC Grips DEHP Coda Resources Ltd. Whitney R. Leeman
Vinyl/PVC Toiletry Bags DEHP Commonwealth Soap & Toiletries, Inc. Whitney R. Leeman
Cooking Utensils with Vinyl/PVC Grips DEHP Dick’s Sporting Goods, Inc. Whitney R. Leeman
Sewing Kits with Vinyl/PVC Handles  DEHP Dyno LLC; Singer Sewing Company Whitney R. Leeman
Vinyl/PVC Toiletry Cases DEHP Jinny Beauty Supply Co., Inc. Whitney R. Leeman
Tools with Vinyl/PVC Grips DEHP Office Depot, Inc. Whitney R. Leeman

See our most recent 60-Day Notices

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Moorberg Files Complaint Against Asus, Alleging DEHP in Headsets

Submitted by mma on January 12, 2015
January 12, 2015
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Our client Mark Moorberg has filed a complaint against ASUS Computer International alleging that the company violated Proposition 65 by selling headsets with vinyl/PVC components that contain 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 other reproductive harm, and companies offering products for sale that contain such chemicals must warn consumers of the risk of exposure.

Moorberg seeks, in addition to civil penalties, an injunction to prohibit ASUS from selling headsets with vinyl/PVC components in California without a warning, as well as such other and further relief as the Santa Clara County 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-moorbergvasus-010515.pdf
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Dr. Leeman Files Complaint Against JS Products

Submitted by mma on January 5, 2015
January 5, 2015
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Whitney R. Leeman, Ph.D has filed a complaint against JS Products alleging that the company offered for sale in California tools with vinyl/PVC grips 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 reproductive harm, and companies offering products for sale that contain DEHP are required to provide consumers with a “clear and reasonable” warning.

In addition to an injunction to prohibit JS Products from manufacturing, distributing, or offering tools with vinyl/PVC grips for sale or use in California, Dr. Leeman also seeks civil penalties and other 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-leemanvjsproducts-123014.pdf
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Green Crystal Aromas Certifies to Paul Wozniak that Products are Reformulated to be Lead-Free

Submitted by mma on December 31, 2014
December 31, 2014
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Green Crystal Aromas has certified to our client Paul Wozniak that their glass containers for reed diffusers with exterior designs manufactured in or distributed for sale to California are virtually free of the heavy metal lead.  As per the settlement agreement, Wozniak has agreed to waive a portion of the civil penalty.

Earlier this year, Wozniak negotiated a settlement with Green Crystal Aromas regarding allegations that the company was offering for sale glass containers that contained the heavy metal lead without the requisite Proposition 65 warning.  Read more details about the settlement on our website: Wozniak v. Green Crystal Aromas 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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Held v. Sam Ash Music Corporation

Submitted by chirst on December 23, 2014
Date: 
December 12, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

The parties involved in the enforcement action Held v. Sam Ash Music Corporation executed a Consent Judgment on December 12, 2014.  In this matter, citizen enforcer Anthony Held, Ph.D., P.E., alleged that defendant Sam Ash Music Corporation (“Sam Ash”) sold benches with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.  

Case PDF: 
application/pdf icons-heldvsamash-121214.pdf
Plaintiff: 
Anthony Held, Ph.D., P.E.
Defendant: 
Sam Ash Music Corporation
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$40,000-$49,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
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Wozniak Files Complaint Against Dollar General Re: DEHP in Various Products

Submitted by mma on December 12, 2014
December 12, 2014
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TCG client Paul Wozniak has filed a complaint against Dollar General Corporation to enforce the California public’s right to be informed of the health hazards caused by exposures to the phthalate chemical di(2-ethylhexyl)phthalate (DEHP) and the heavy metal lead in its products.  Wozniak alleges that Dollar General offered for sale vinyl/PVC storage baskets, vinyl/PVC pencil pouches, and tape measures with vinyl/PVC hand straps containing DEHP without the health hazard warning required by Proposition 65, as well as metal tape measures containing lead.

Wozniak seeks an injunction to prevent Dollar General from continuing to offer these products for sale without a “clear and reasonable” warning, in addition to civil penalties.

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 Files Complaint Against Barron’s Educational Alleging DEHP in Book Covers

Submitted by mma on December 5, 2014
December 5, 2014
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Dr. Anthony Held has filed a complaint against Barron’s Educational Series in order to enforce the California public’s right to know of health hazards caused by exposure to di(2-ethylhexyl)phthalate (DEHP) allegedly found in vinyl/PVC book covers sold by Barron’s.  DEHP is a chemical 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 DEHP must provide consumers with a health hazard warning.

In addition to civil penalties, Held seeks an injunction to prevent Barron’s from manufacturing, distributing, or selling the products 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

PDFs: 
application/pdf iconc-heldvbarron-12114.pdf
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Held Files Complaint Against Best Buy Re: vinyl/PVC ID Cards and Charms

Submitted by mma on December 1, 2014
December 1, 2014
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Our client Dr. Anthony Held has filed a complaint versus Best Buy Co., Inc. alleging that the company failed to warn California citizens about the risks of exposure to di(2-ethylhexyl)phthalate (DEHP) present in and on vinyl/PVC ID cards and charms.  DEHP is a chemical 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 DEHP must provide consumers with a health hazard warning.

In addition to civil penalties, Dr. Held seeks an injunction to prevent Best Buy from manufacturing, distributing, or offering vinyl/PVC ID cards and charms for sale or use 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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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Held v. Kimberly-Clark Corporation

Submitted by chirst on December 1, 2014
Date: 
November 21, 2014
Industry Categories: 
Healthcare Products
Featured: 
No

The parties involved in the case Held v. Kimberly-Clark Corporation executed a Consent Judgment on November 21, 2014.  In this matter, citizen enforcer Anthony Held, Ph.D., P.E., alleged that defendant Kimberly-Clark Corporation (“Kimberly-Clark”) sold hearing protection products with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.  

Case PDF: 
application/pdf iconkimberly-clark_ros_attach.pdf
Plaintiff: 
Anthony Held, Ph.D., P.E.
Defendant: 
Kimberly-Clark Corporation
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Held v. Houston's, Inc.

Submitted by chirst on November 30, 2014
Date: 
November 18, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Whistleblower Anthony Held, Ph.D., P.E. and settling party Houston’s, Inc. (“Houston’s”) entered into an out-of-court Settlement Agreement on November 18, 2014, which resolved Held’s allegations that Houston sold vinyl/PVC aprons containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconhoustons_ooc_ros_attach.pdf
Plaintiff: 
Anthony Held, Ph.D., P.E.
Defendant: 
Houston's, Inc.
Type: 
Out-of-Court Settlement Agreement
Relief: 
Reformulation, Warnings
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
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None
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