Proposition 65

June 20, 2014
In the enforcement action Englander v. Bexco Enterprises, Inc., et al., citizen enforcer Peter Englander’s allegations against defendant Bexco Enterprises, Inc. (“Bexco”) were resolved on June 20, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Bexco sold padded upholstered furniture including chairs and...
Residential Furniture
TDCPP
July 1, 2014
Proposed California bill SB-1019 would, if passed, require manufacturers to label whether or not their furniture products contain flame retardant chemicals. California Technical Bulletin TB-117 (now revised to TB-117-2013) requires upholstered furniture to pass a flammability test for fire safety purposes.  If the furniture complies, then it is affixed with a label...
June 27, 2014
Thanks to the efforts of TCG client Dr. Anthony Held, North American Food Distributing Company (NAFDC) entered a binding agreement to cease the sale and distribution of dried seaweed products in California unless, and until they are virtually free of the toxic heavy metal arsenic.  Held alleged that NAFDC had violated Proposition 65 by selling dried seaweed products in...
June 23, 2014
Last Friday, Russell Brimer, Anthony Held, and Laurence Vinocur served 20 new 60-Day Notices of Proposition 65 Violation.  The notices were served to companies offering products such as sunscreen, headphones, and glass mugs for sale in California containing chemicals known to cause cancer or reproductive harm, without the required health hazard warning.  Our citizen...
June 24, 2014
Citizen enforcer Mark Moorberg and settling party FNA Group, Inc. (“FNA”) entered into an out-of-court Settlement Agreement on June 24, 2014, which resolved Moorberg’s allegations that FNA sold hoses with metal fittings containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of the settlement...
Pation & Garden
Lead
May 27, 2014
Whistleblower Anthony E. Held, Ph.D., P.E.’s allegations against defendant Grocery Outlet, Inc. (“Grocery Outlet”) were resolved on May 27, 2014, when the parties executed a Consent Judgment.  In this matter, Held alleged that Grocery Outlet sold padded upholstered bar stools, ottomans, and storage boxes containing the flame retardant tris(1,3-dichloro-2...
Residential Furniture
TDCPP
June 23, 2014
Clients of The Chanler Group, which included Brimer, Englander, Held, Leeman, Moore and Vinocur, together settled the most cases-192-for a total of $7,715,801 of which $1,307,980 went to civil penalties-with some of the highest percentages), $6,246,321 for attorney fees and for the first time, $95,500 payment-in-lieu of penalties to the Silent Spring Institute.  link...
In the News
June 17, 2014
On May 29, 2014, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Whitney R. Leeman, Ph.D., made against settling party Bombardier Recreational Products Inc. (“Bombardier”).  In this matter, Leeman alleged that Bombardier sold vinyl/PVC mud jackets and mud pants containing the heavy metal lead in the...
Clothing & Apparel
Lead
June 18, 2014
The parties involved in the enforcement action Leeman, et al. v. Snap-on Incorporated executed an agreement on June 18, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that the defendant Snap-on Incorporated (“Snap-on”) sold hand tools with vinyl/PVC grips containing the heavy metal lead in the State of California without providing...
Bags & Accessories, Hand Tools
DEHP, Lead
June 17, 2014
Whistleblower Peter Englander and settling parties Seymour Midwest LLC, formerly known as Midwest Rake Company, LLC, and Seymour Manufacturing Co., Inc. (collectively, “Seymour”) entered into an out-of-court Settlement Agreement on June 17, 2014, which resolved Englander’s allegations that Seymour sold vinyl/PVC hand tool grips containing the phthalate...
Hand Tools
DEHP