Paints, Solvents & Adhesives

Paints, Solvents & Adhesives

The State of California regulates the chemical toluene because it has been shown to cause birth defects and other reproductive harm.  Toluene is commonly used in the manufacturing of solvents, paints, paint thinners, silicone sealants, many chemical reactants, rubber, printing ink, adhesives (glues), lacquers, leather tanners, and disinfectants. 

In 1993, a public interest group represented by the founder of The Chanler Group investigated and commenced a ground-breaking enforcement action against companies such as Sherwin-Williams, Ace Hardware, DEP and Testor and retailers including Kmart, Home Depot, and Grand Auto, that sold spray paints and adhesives containing the toxic solvent toluene.  The group alleged that these companies were violating Proposition 65 by failing to provide warnings to California consumers that millions of units of these products contained excessive levels of toluene. 

In this unprecedented settlement reached with Sherwin-Williams and thirty-seven other companies, the companies agreed to significantly reformulate their products, including developing water-based spray paints. They also agreed to implement a warning program in compliance with Proposition 65.

Additionally, the research and investigation materials developed by the public interest group were utilized by the California Attorney General to file an enforcement action against Sherwin-Williams.  As a result, Sherwin-Williams and three other companies agreed to settlement terms requiring Proposition 65 warnings for products that contained a maximum of 13,000 micrograms of toluene, which amounts to less than 1% toluene content in a typical 16-ounce can of spray paint. 

Today, The Chanler Group's clients continue their efforts to protect the health and safety of all California consumers against similar exposures by investigating products for the presence of toluene and other chemicals. 

To review legal agreements which The Chanler Group's clients have reached with companies that sell spray paints, solvents and adhesives, please see the cases below.

firm casework - enforcement

July 28, 1995
Consent Judgment
On July 28, 1995, Proposition 65 private enforcer, As You Sow, and settling industrial adhesives manufacturer, Sika Corporation, entered into a settlement resolving AYS's allegation that Sika sold adhesives containing toluene, toluene diisocyanate, 4, 4'-methylenedianiline, formaldehyde (gas), and crystalline silica in the State of California without providing the...
July 14, 1995
Carbon, Toluene
Consent Judgment
In a settlement reached on July 14, 1995, Proposition 65 private enforcer and whistleblower, As You Sow, and manufacturer of paint and cleaning products, Kar Products, settled pending litigation and resolved AYS's claims regarding alleged violations of Proposition 65 by Kar. The notice of violation and complaint alleged that Kar violated Proposition 65 when it sold...
July 12, 1995
Toluene
Consent Judgment
In a stipulated judgment entered as a judgment by Marin County Superior Court on July 12, 1995 (Case No. 162032), Proposition 65 private enforcer and whistleblower, As You Sow, and paint products manufacturer, R.J. McGlennon Company, Inc., resolved AYS's allegations that RJM failed to warn consumers and other individuals in California that RJM's products contained...
July 9, 1995
Consent Judgment
In a stipulated judgment submitted to the Alameda County Superior Court on July 9, 1995 (Case No. 748827-2), for approval and entry as a judgment, Proposition 65 private enforcer and whistleblower, As You Sow, and manufacturer of resins, composites, and other specialty products, Hexcel Corporation, resolved AYS's allegation that Hexcel violated Proposition 65 when it...
June 29, 1995
Toluene
Consent Judgment
In a stipulated judgment entered as a judgment by Marin County Superior Court on June 29, 1995 (Case No. 163526), Proposition 65 private enforcer and whistleblower, As You Sow, and coatings manufacturer, John C. Dolph Company, resolved AYS's allegations that Dolph failed to warn consumers and other individuals in California that its enamel paint, varnish, and coating...
June 28, 1995
Consent Judgment
In a stipulated judgment agreed to by the parties on June 21, 1995, and entered as a judgment by Marin County Superior Court on June 28, 1995 (Case No. 164440), Proposition 65 private enforcer and whistleblower, As You Sow, and manufacturer of cleaning and maintenance products, Dymon, Inc., resolved AYS's allegations that Dymon failed to warn consumers and other...
June 26, 1995
Methylene Chloride
Consent Judgment
In a stipulated judgment agreed to by the parties on June 7, 1995, and entered as a judgment by the Alameda County Superior Court on June 26, 1995 (Case No. 750238-5), Proposition 65 private enforcer and whistleblower, As You Sow, and coating, adhesives, and sealant manufacturer, Childers Products Company, Inc., reached a resolution of the claims alleged in AYS's...
June 22, 1995
Consent Judgment
On June 22, 1995, Proposition 65 private enforcer and whistleblower, As You Sow, and manufacturer of chromatography products, Restek Corporation, submitted their May 18, 1995, settlement to the San Francisco Superior Court for approval and entry as a judgment. The settlement resolved pending litigation between AYS and Restek; AYS alleged that Restek violated Proposition...