Children's Apparel and Fashion Accessories

Children's Apparel and Fashion Accessories

Stringent industry standards and constant monitoring of children’s clothes, shoes, and outerwear help protect the welfare of children.  Children are an especially vulnerable demographic, protected by strict regulation of carcinogenic and developmentally-harmful chemicals. Through extensive investigation, The Chanler Group and its clients have sought out products that contain detectable levels of lead, cadmium, and phthalate chemicals known to cause cancer and reproductive harm.

As a neurotoxin, lead is a highly-toxic heavy metal that affects the nervous system, being especially dangerous to children's brains.  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 most at risk for developmental problems stemming from lead poisoning as a result of frequent hand-to-mouth behaviors, small body size, and still-developing immune system.

Phthalates are "plasticizers," chemicals added to plastic components and materials in consumer products to increase their flexibility, transparency, durability, and longevity. Phthalates are listed by the State of California as chemicals known to cause reproductive harm. The Chanler Group regularly investigates the presence of di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), and Di-n-butyl phthalate ("DBP") found in consumer products. 

In recent years, The Chanler Group's clients have investigated children's apparel and accessories including belts, zippers, backpacks, bibs, footwear, Halloween costumes, and jewelry for phthalate chemical and for the heavy metal lead. Such investigations often led to legal action, often with favorable Proposition 65 results. On behalf of its clients, The Chanler Group has successfully secured settlements from companies that sell children's apparel and fashion accessories containing phthalates, lead, and cadmium. In these settlements, companies agreed to reformulate their products to virtually eliminate the presence of these harmful substances or to provide health warnings as required under Proposition 65 in California.

In 2012, Anthony E. Held, Ph.D., P.E., a Chanler Group client, attained an unparalleled settlement with manufacturers of Halloween costumes, accessories, and décor in Held v. Almar Sales Co., Inc, et al.  In this case, seventeen defendants agreed to reformulate their products so as to virtually eliminate the presence of seven chemicals known to cause cancer or reproductive harm. Removed toxicants included arsenic, cadmium, phthalates, formaldehyde, and lead.  Additionally, products designed for children under the age of twelve were held to a stricter standard, which further restricts the amount of cadmium present in each accessible component and eliminates any intentionally-added cadmium to such products.

The Chanler Group and its clients continue to closely monitor this industry in order to protect children from exposure to chemicals.  To review legal agreements which The Chanler Group's clients have reached with companies that sell children's apparel and fashion accessories, please see the cases below.

 

firm casework - enforcement

February 23, 2009
DEHP
Out-of-Court Settlement
On February 23, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant ZM International, Inc. ("ZM") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that ZM sold children's vinyl backpacks, purses, and vinyl raincoats containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP")...
January 30, 2009
DEHP
Consent Judgment
On January 30, 2009, the Alameda County Superior Court entered a Consent Judgment in Held v. Almar Sales Co., Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Almar Sales Co., Inc. ("Almar") sold children's vinyl bath animal figures and watches containing the phthalate chemical di(2-ethylhexyl)phthalate...
January 15, 2009
DEHP
Out-of-Court Settlement
On January 15, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Century Novelty Company, Inc. (“Century”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that Century sold children’s vinyl bags, children’s inflatable toys, and other children’s items containing the phthalate...
January 15, 2009
DEHP
Out-of-Court Settlement
On January 15, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Jo-Ann Stores, Inc. (“JAS”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that JAS sold children’s sporting toys and other items, including inflatable vinyl toys, water squirters, cosmetic bags, eyeglass cases, and vinyl...
January 14, 2009
DEHP
Consent Judgment
On January 14, 2009, the Sacramento County Superior Court entered a Consent Judgment in Held v. Wear Me Apparel LLC, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant, Wear Me Apparel LLC dba Kids Headquarters ("Wear Me"), sold children's jackets containing the phthalate chemical di(2-ethylhexyl)phthalate (...
January 6, 2009
DEHP
Consent Judgment
On January 6, 2009, the San Francisco County Superior Court entered a Consent Judgment in Held v. Fourstar International Trading Co., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendants Fourstar Group Inc. and Fourstar Group USA, Inc. ("Fourstar") sold inflatable vinyl toys and other children's vinyl...
December 23, 2008
DEHP
Consent Judgment
On December 23, 2008, the Alameda County Superior Court entered a Consent Judgment in Held v. Dollar Tree Distribution, Inc., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that defendants Dollar Tree Distribution, Inc. and Greenbrier International, Inc. dba Dollar Tree Merchandising (collectively "Dollar Tree") sold...
December 19, 2008
DEHP
Consent Judgment
On December 19, 2008, the Alameda County Superior Court entered a Consent Judgment in Held v. Toys "R" Us, Inc., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Clicks Worldwide, LLC ("Clicks") sold children's watches containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP...