Proposition 65 Warning

Brimer v. Rite Aid Corporation

Submitted by chirst on November 29, 2014
Date: 
November 12, 2014
Industry Categories: 
Hardware, Woodworking Power/Machine and Hand Tools
Featured: 
No

The parties involved in the case Brimer v. Rite Aid Corporation executed a Consent Judgment on November 12, 2014.  In this matter, citizen enforcer Russell Brimer alleged that Rite Aid Corporation (“Rite Aid”) sold water sprayers with metal nozzles containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

Case PDF: 
application/pdf iconrite_aid_ros_attach.pdf
Plaintiff: 
Russell Brimer
Defendant: 
Rite Aid Corporation
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$50,000-$59,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Held Issues 14 New 60-Day Notices of Proposition 65 Violation

Submitted by mma on November 26, 2014
November 26, 2014
Image: 

Client Dr. Anthony Held served 14 new 60-Day Notices of Proposition 65 Violation yesterday to companies offering products such as tools, electrical tape, and sunscreen in California that contain chemicals known to cause cancer and reproductive harm, without the required health hazard warning. Held alleges that the companies' products contain the phthalate DEHP and the chemical benzophenone.  DEHP is known to cause birth defects and reproductive harm, while benzophenone is known to cause cancer. Some of the noticed companies include Bed Bath & Beyond, The Kroger Co., and Whirlpool Corporation.

See below for a partial list of Notices.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Mats DEHP Apache Mills, Inc. Anthony E. Held
Pouches with Vinyl/PVC Zipper Pulls DEHP Bed Bath & Beyond Inc. Anthony E. Held
Safety Vests with Vinyl/PVC Components DEHP The C. H. Hanson Company Anthony E. Held
Tools with Vinyl/PVC Grips DEHP Digital Peripheral Solutions, Inc. Anthony E. Held
Vinyl/PVC Toiletry Cases DEHP Eco Houseware, Inc. Anthony E. Held
Vinyl/PVC Electrical Tape DEHP Jasco Products Company LLC Anthony E. Held
Sunscreen Benzophenone The Kroger Co. Anthony E. Held
Vinyl/PVC Fishing Tool Grips DEHP N C Holdings; Normark Corporation Anthony E. Held
Vinyl/PVC Battery Clamp Cables DEHP Old World Industries, LLC Anthony E. Held
Headphones with Vinyl/PVC Earhooks DEHP Philips Holding USA Inc.; Philips Electronics North America Corporation Anthony E. Held
Vinyl/PVC Electrical Tape DEHP STM Industries, Inc.; Shurtape Technologies, LLC; Shurtech Brands, LLC Anthony E. Held
Stools with Vinyl/PVC Upholstery DEHP Whirlpool Corporation Anthony E. Held

See our most recent 60-Day Notices

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Englander v. Urban Home

Submitted by mma on November 17, 2014
Date: 
October 31, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Citizen enforcer Peter Englander’s allegations against defendant Urban Home were resolved on October 31, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Urban Home sold padded upholstered furniture including ottmans with foam-cushioned components containing tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and vinyl/PVC chairs 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 icons-englanderveuromarket-103114.pdf
Plaintiff: 
Englander
Defendant: 
Urban Home
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$60,000 – $69,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Leeman v. Lisle Corporation

Submitted by mma on November 17, 2014
Date: 
November 12, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Citizen enforcer Dr. Whitney R. Leeman and settling party Lisle Corporation (“Lisle”) executed an out-of-court Settlement Agreement on November 12, 2014.  In this matter, Leeman alleged that Lisle sold vinyl/PVC mats, cushions, and headrests 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-leemanvlisle-111214.pdf
Plaintiff: 
Leeman
Defendant: 
Lisle Corporation
Type: 
Out of Court Settlement
Relief: 
Reformulation, Warnings
Monetary: 
$50,000 - $59,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Vinocur Settles With KidCo Over Travel Beds for Children Containing Flame Retardant Chemicals

Submitted by mma on November 12, 2014
November 12, 2014
Image: 

Laurence Vinocur has negotiated a settlement with KidCo, Inc. in regards to children’s travel beds with fabric containing the flame retardant tris(1,3-dichloropropyl) phosphate (TDCPP).  TDCPP is a chemical known to the State of California to cause cancer, and companies offering products for sale that contain TDCPP must provide consumers with a “clear and reasonable” warning.  Vinocur alleged that KidCo violated Proposition 65 by selling these travel beds without the requisite health hazard warnings.

In addition to paying $5,500 in civil penalties, KidCo agreed to not sell any children’s travel beds in California unless they had been reformulated to be virtually free of TDCPP and tris(2,3-dibromylpropyl) phosphate (TDBPP).  Their current inventory will be sold with Proposition 65 warnings.

For more information, please see the case summary on our website: Vinocur v. KidCo, 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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Vinocur v. KidCo, Inc.

Submitted by mma on November 12, 2014
Date: 
November 6, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Infant Products
Featured: 
No

Citizen enforcer Laurence Vinocur’s allegations against defendant KidCo, Inc. (“KidCo”) were resolved on November 6, 2014, when the parties executed an out-of-court settlement.  In this matter, Vinocur alleged that KidCo sold children’s travel beds with fabric containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf icons-vinocurvkidco-111014.pdf
Plaintiff: 
Vinocur
Defendant: 
KidCo, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$30,000 - $39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Moore v. Dorel U.S.A, Inc.

Submitted by mma on November 12, 2014
Date: 
October 24, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Citizen enforcer John Moore’s allegations against defendants Dorel U.S.A., Inc., Dorel Industries, Inc., Dorel Asia Inc., Dorel Juvenile Group, Inc., and Ameriwood Industries, Inc.

Case PDF: 
application/pdf icons-moorevdorel102514.pdf
Plaintiff: 
Moore
Defendant: 
Dorel U.S.A., Inc., Dorel Industries, Inc., Dorel Asia Inc., Dorel Juvenile Group, Inc., and Ameriwood Industries, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$120,000 - $129,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Englander Reaches Agreement with COA Re: Flame Retardants in Furniture

Submitted by mma on November 7, 2014
November 7, 2014
Image: 

Peter Englander has negotiated a settlement agreement with COA, Inc. in regards to alleged violations of Proposition 65.  Englander alleged that COA sold upholstered furniture with foam padding containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-chloroethyl) phosphate (TCEP) and stools with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (DEHP) without the requisite health hazard warnings.  TDCPP and TCEP are chemicals known to the State of California to cause cancer, while DEHP is known to cause birth defects or other reproductive harm.  Companies offering products for sale in California that contain such chemicals must provide consumers with a “clear and reasonable” warning.

In addition to paying $74,000 of civil penalties, COA has agreed not to sell any padded upholstered furniture or stools with vinyl/PVC upholstery in California unless the products have been reformulated to be virtually free of TDCPP, TCEP, DEHP, butyl benzyl phthalate (BBP), and di-n-butyl phthalate (DBP).  Should COA accelerate reformulation and provide The Chanler Group with certification that that all furniture sold in California after January 31, 2015 qualifies as reformulated, Englander agreed to waive a portion of the civil penalties.  Seventy-five percent of civil penalties go to the State of California to further public interest and the environment.

For more information, please see the case summary and settlement on our website: Englander v. COA, 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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Englander v. COA, Inc.

Submitted by chirst on November 7, 2014
Date: 
October 24, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

In the enforcement action Englander v. Acme Furniture Industry, Inc., et al., citizen enforcer Peter Englander’s allegations against defendant COA, Inc.

Case PDF: 
application/pdf iconacme_coa_ros.pdf
Plaintiff: 
Peter Englander
Defendant: 
COA, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$120,000-$129,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Moore, et al. v. Rhode Island Textile Company

Submitted by chirst on November 6, 2014
Date: 
October 24, 2014
Industry Categories: 
Apparel & Fashion Accessories
Pet Supplies
Featured: 
No

Whistleblowers John Moore and Mark Moorberg and settling party Rhode Island Textile Company (“Rhode Island”) entered into a Modified Settlement Agreement on October 24, 2014, which modified the original December 2012 Agreement.

Case PDF: 
application/pdf iconritextile_ros_attach.pdf
Plaintiff: 
John Moore, Mark Moorberg
Defendant: 
Rhode Island Textile Company
Type: 
Out-of-Court Settlement Agreement
Relief: 
Reformulation, Warnings, Vendor Notification
Monetary: 
$10,000-$19,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None
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