Leeman Settles with Paradies Gifts Re: Ponchos

Posted: 05/18/2016  browse the blog archive
Leeman Settles with Paradies Gifts Re: Ponchos

Dr. Whitney R. Leeman has reached a settlement with Paradies Gifts regarding alleged violations of Proposition 65.  Leeman alleged that Paradies Gifts sold vinyl/PVC ponchos that contained the phthalate chemical DEHP without the requisite health hazard warning.  DEHP is known to the State of California to cause birth defects and other reproductive harm, and companies offering products for sale that contain DEHP are required to provide consumers with a "clear and reasonable" warning of the risk of exposure.

In addition to paying civil penalties, Paradies Gifts has agreed to sell in California only ponchos that have been reformulated to be virtually free of DEHP, or else provide consumers with a Proposition 65 warning.  Should Paradies Gifts provide Leeman with certification by March 15, 2017 that all ponchos sold in California are reformulated, Leeman has agreed to waive a portion of the civil penalty.

For more details and to read the settlement itself, please see the case summary on our website: Leeman v. Paradies Gifts, Inc., et al.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings.