Hardware, Woodworking Power/Machine and Hand Tools

Hardware, Woodworking Power/Machine and Hand Tools

The Chanler Group's clients have negotiated a multitude of settlements with companies selling hardware, power woodworking tools, and hand tools that contain the heavy metal lead or phthalates in their grips or in their vinyl components.  Such cases are especially important to The Chanler Group's clients because these products tend to be used by consumers on a regular basis. Lead and phthalates are known to the State of California to cause birth defects and reproductive harm, and repetitive, frequent use of products containing them increases the risks posed by exposure.  

As a neurotoxin, lead has been shown to negatively affect the nervous system, especially 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.

Phthalates are "plasticizers," substances added to plastic components and materials 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 di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP") and Di-n-butyl phthalate ("DBP") which are often found in consumer products. 

The hardware industry also includes products made for soldering, welding, and brazing, all of which join pieces of solid metal using either extreme heat or a metal filler.  Lead is widely used in soldering, welding, and brazing products.

The Chanler Group's clients have significantly minimized the amount of lead in products used throughout this industry by initiating actions against companies that sell soldering, welding, and brazing products containing lead.  Because of the size and sophistication of a majority of the settling defendants, the impact of this litigation on the hardware, hand tool, and household product industries has been far-reaching, and the public benefit has been substantial. The resulting settlements have made this industry less toxic by obtaining commitments from manufacturers for the use of lead-free soldering, welding, and brazing products.   

To review legal agreements which The Chanler Group's clients have reached with companies that sell hardware, woodworking power tools, machine tools, and hand tools, please see the cases below.

firm casework - enforcement

October 23, 2012
DEHP
Consent Judgment
The Honorable Mark H. Pierce of the Santa Clara County Superior Court granted the parties’ motion to approve the Consent Judgment in the case Brimer et al. v. 3M Company, et al., on October 23, 2012.  This enforcement action resolved citizen enforcers Russell Brimer, John Moore, and Peter Englander’s allegations that sixteen defendants, including...
September 12, 2012
DEHP
Out-of-Court Settlement
On September 12, 2012, citizen enforcer John Moore and settling defendant Beno J. Gundlach Co. ("Beno") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Beno sold hand tool grips containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite...
August 27, 2012
DEHP, Lead
Out-of-Court Settlement
On August 27, 2012, citizen enforcer Russell Brimer and settling defendant Amcor Industries, Inc. ("Amcor"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Amcor sold hand tools with grips containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and the heavy metal lead in the State of...
August 22, 2012
Lead
Consent Judgment
On August 22, 2012, the Contra Costa County Superior Court entered a Consent Judgment in Brimer v. Tower Energy Group, which resolved citizen enforcer Russell Brimer's allegations that the defendant Tower Energy Group ("Tower") sold flashlights containing the heavy metal lead in the State of California without providing the requisite health hazard warnings....
August 20, 2012
DEHP
Out-of-Court Settlement
On August 20, 2012, citizen enforcer John Moore and settling defendant Klein Tools, Inc. ("Klein") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Klein sold hand tools containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health...
August 14, 2012
DEHP, Lead
Out-of-Court Settlement
Citizen enforcer Russell Brimer’s allegations against settling party Charles Amash Imports, Inc. (“Amash”) were resolved on August 14, 2012, when the parties entered into a Settlement Agreement. Brimer alleged that Amash sold hand tools and tool bags with grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and the heavy...
August 2, 2012
Lead
Consent Judgment
On August 2, 2010, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. ACCO Brands Corporation, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant Coats & Clark Inc. ("Coats & Clark") sold vinyl coated tape measures containing the heavy metal lead in the State of California without...
July 27, 2012
DBP, DEHP, Lead
Consent Judgment
On July 27, 2012, the Marin County Superior Court entered a Consent Judgment in Brimer v. Melnor, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Melnor, Inc. ("Melnor"), sold watering guns/nozzles with hand grips containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), di-n-butyl phthalate (...