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

April 6, 2011
BBP, DBP, DEHP
Consent Judgment
On April 6, 2011, Burt's Bees, Inc. ("Burt's Bees"), executed an Amended Stipulation for Entry of Judgment electing to opt-into an Amended Consent Judgment to address the plaintiff Anthony E. Held, Ph.D., P.E.'s allegations that Burt's Bees sold products containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl...
March 22, 2011
Lead
Out-of-Court Settlement
On March 22, 2011, citizen enforcer Russell Brimer and settling defendant Agron Incorporated ("Agron") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Agron sold athletic bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of the settlement...
March 16, 2011
DEHP
Out-of-Court Settlement
On March 16, 2011, citizen enforcer John Moore and settling defendant Team Beans, LLC ("Team Beans"), entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Team Beans sold keychains containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the health hazard...
March 11, 2011
DEHP
Out-of-Court Settlement
On March 11, 2011, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Enesco, LLC ("Enesco"), entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Enesco sold pouches containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite...
March 8, 2011
BBP, DBP, DEHP
Consent Judgment
On March 8, 2011, Sears, Roebuck & Co. and Kmart Corporation ("Sears and Kmart"), executed an Amended Stipulation for Entry of Judgment electing to opt-into an Amended Consent Judgment to address the plaintiff Anthony E. Held, Ph.D., P.E.'s allegations that Sears and Kmart sold products containing the phthalate chemicals di(2-ethylhexyl)phthalate ("...
March 4, 2011
BBP, DBP, DEHP
This Proposition 65 action arose from Anthony E. Held, Ph.D., P.E. and John Moore’s allegations in 2009 that certain fashion accessories containing one or more phthalate chemicals known to cause reproductive harm, specifically di(2-ethylhexyl)phthalate (“DEHP”), butyl benzyl phthalate (“BBP”), and Di-n-butyl phthalate (“DBP”),...
March 2, 2011
BBP, DBP, DEHP
Consent Judgment
On March 2, 2011, Liz Claiborne, Inc. ("Liz Claiborne"), executed an Amended Stipulation for Entry of Judgment electing to opt-into an Amended Consent Judgment to address the plaintiff John Moore's allegations that Liz Claiborne sold products containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP...
March 1, 2011
BBP, DBP, DEHP
Consent Judgment
On March 1, 2011, Phillips-Van Heusen Corporation ("Phillips-Van Heusen"), executed an Amended Stipulation for Entry of Judgment electing to opt-into an Amended Consent Judgment to address the plaintiff Anthony E. Held, Ph.D., P.E.'s allegations that Phillips-Van Heusen sold products containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP...