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

June 26, 2012
BBP, DBP, DEHP, Lead
Consent Judgment
The Marin County Superior Court entered a Consent Judgment in Brimer v. Amash Imports, Inc., et al. on June 26, 2012.  This enforcement action resolved citizen enforcer Russell Brimer’s allegations that the defendants Amash Imports, Inc. (“Amash”) and Michigan Industrial Tools (“MIT”) sold hand tools with grips containing the heavy metal...
March 27, 2012
Lead
Consent Judgment
On March 27, 2012, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Central Purchasing, LLC, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants Central Purchasing and Harbor Freight Tools USA, Inc. (collectively "Defendants") sold tape measures containing the heavy metal lead in the State of...
March 19, 2012
Lead
Consent Judgment
On March 19, 2012, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Urban Outfitters, Inc.; et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants Urban Outfitters, Inc. ("Urban") and Smartek USA, Inc. ("Smartek") sold vinyl coated tape measures containing the heavy metal lead in the State...
March 7, 2012
BBP, DBP, DEHP
Consent Judgment
The Honorable Roy O. Chernus of the Marin County Superior Court granted the parties’ motion to approve the Consent Judgment in the case Held et al. v. Alticor, Inc., et al., on March 7, 2012.  This enforcement action resolved citizen enforcers John Moore and Anthony E. Held, Ph.D., P.E.’s allegations that eighteen defendants sold products containing...
February 15, 2012
DEHP
Out-of-Court Settlement
On February 15, 2012, citizen enforcer John Moore and settling defendant Prym Consumer USA Inc. ("Prym") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Prym sold handle adapters with grips containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the...
January 9, 2012
BBP, DBP, DEHP, Lead
Consent Judgment
On February 8, 2012, the Alameda County Superior Court entered a Consent Judgment and Proposition 65 Settlement in Brimer v. Restoration Hardware, Inc.; et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant Restoration Hardware, Inc. ("Restoration Hardware") sold tape measures containing the heavy metal lead in the State of...
December 13, 2011
Lead
Consent Judgment
On December 13, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. The Hillman Group, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant The Hillman Group, Inc. ("Hillman") sold tape measures with grips containing the heavy metal lead on the exterior surface in the State of California without...
October 28, 2011
Lead
Consent Judgment
On October 28, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Kmart Corporation, which resolved citizen enforcer Russell Brimer's allegations that the defendant Notions Marketing Corporation ("Notions") sold vinyl coated tape measures containing the heavy metal lead to retail customer Kmart Corporation ("Kmart") in...