Apparel & Fashion Accessories

Apparel & Fashion Accessories

In recent years, The Chanler Group's clients have investigated and tested numerous types of apparel and fashion accessories for phthalate chemicals and lead.  Products such as jewelry, bags, totes, wallets, belts, footwear, Halloween costumes, and key chains have tested positive for lead, di(2 ethylhexyl) phthalate (“DEHP”), butyl benzyl phthalate (“BBP”), and Di-n-butyl phthalate (“DBP”).

As a neurotoxin, lead negatively affects the nervous system in both adults and children.  Research has shown that repeated exposure to lead cumulatively affects the developing nervous system and, over time, can lead to attention deficit, learning disabilities, short-term memory loss, behavioral problems, and diminished intellectual ability. Children under the age of six are the most at risk of the developmental problems stemming from lead poisoning as a result of their frequent hand-to-mouth behaviors and their small body size. 

Phthalates are “plasticizers,” substances used in the manufacture of plastic components in consumer products to increase their flexibility, transparency, durability, and longevity. The Chanler Group’s clients regularly investigate the presence of phthalate chemicals such as DEHP, BBP, and DBP in consumer products.

The 2012 case Held v. Aldo U.S., Inc.; Aldo Group, Inc., et al. resulted in Anthony E. Held, Ph.D., P.E. and John Moore, both Chanler Group clients, entering into a settlement agreement in which 146 independent companies, to date, have agreed to significantly reformulate their fashion accessory products.  By reducing the concentration of each toxin to no more than 1,000 parts per million in each accessible component of the fashion accessories, the companies virtually eliminated the presence of DEHP, DBP, and BBP.

Also in 2012, Dr. Held obtained an unparalleled settlement with manufacturers of Halloween costumes, accessories, and décor, in which manufacturers, including Almar Sales Co., Inc., agreed to reformulate their products to virtually eliminate the presence of seven chemicals known to cause cancer or reproductive harm. These chemicals included arsenic, cadmium, phthalates, formaldehyde, and lead.

Whether through numerous settlements with individual companies, or through larger settlements with dozens of companies such as Aldo U.S., Inc. and Almar Sales Co., clients of The Chanler Group continue to protect the public by securing a commitment from apparel and fashion companies to make their products safe for California consumers.

To review legal agreements which The Chanler Group’s clients have reached with companies in this industry, please see the cases below.

firm casework - enforcement

July 22, 2013
DEHP
Out-of-Court Settlement
The Settlement Agreement between citizen enforcer Peter Englander and settling party Accessory Zone, LLC (“Accessory Zone”) was executed on July 22, 2013.  This out-of-court agreement resolved Englander’s allegations that Accessory Zone sold vinyl accessory bags/pouches containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP...
May 21, 2013
DEHP
Out-of-Court Settlement
Citizen enforcer John Moore and settling defendant Von Maur Inc. (“Von Maur”) entered into a Settlement Agreement on May 21, 2013, which resolved Moore’s allegations that Von Maur sold vinyl clutches containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard...
May 17, 2013
DEHP
Out-of-Court Settlement
Whistleblower Anthony E. Held, Ph.D., P.E.’s allegations against settling party Stone Mountain USA, LLC (“Stone Mountain”) were resolved on May 17, 2013, when the parties entered into an out-of-court Settlement Agreement.  Held alleged that Stone Mountain sold vinyl/PVC tote bags containing the phthalate chemical di(2-ethylhexyl)phthalate (“...
April 30, 2013
DEHP, Lead
Consent Judgment
The Honorable Lawrence John Appel of the Alameda County Superior Court entered a Consent Judgment in Brimer v. W.W. Grainger, Inc., et al., on April 30, 2013.  This enforcement action resolved citizen enforcer Russell Brimer’s allegations that the defendant W.W. Grainger, Inc. (“W.W. Grainger”) sold hand tool grips containing the phthalate chemical...
April 25, 2013
DEHP
Out-of-Court Settlement
Whistleblower Anthony E. Held, Ph.D., P.E.’s allegations against settling party Speen & Company, Inc. (“Speen”) were resolved on April 25, 2013, when the parties entered into an out-of-court Settlement Agreement.  Held alleged that Speen sold footwear containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State...
April 22, 2013
DEHP
Consent Judgment
Citizen enforcer John Moore’s allegations against the defendant Orgill, Inc. (“Orgill”) were resolved on April 22, 2013, when the parties executed a Consent Judgment in Moore v. Orgill, Inc.  In this enforcement action, which will be reviewed by the Alameda County Superior Court, Moore alleged that Orgill sold tools with grips and PVC/vinyl rainwear...
April 15, 2013
DEHP
Out-of-Court Settlement
Citizen enforcer Russell Brimer’s allegations against settling party Bank-A-Count Corporation (“Bank-A-Count”) were resolved on April 15, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Bank-A-Count sold vinyl/PVC checkbook covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State...
April 12, 2013
DEHP, Lead
Consent Judgment
In the enforcement action Brimer v. Petco Animal Supplies, Inc. the parties executed a Consent Judgment on April 12, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Petco Animal Supplies, Inc. (“Petco”) sold photo frames containing the heavy metal lead,  vinyl/PVC raincoats containing the phthalate chemical di(2...