TCG Clients Secure Over $1M in Civil Penalties During First Quarter 2013

Posted: 04/04/2013  browse the blog archive

For the first quarter of 2013, citizen enforcers represented by The Chanler Group have secured civil penalties under Proposition 65 in excess of $1 million from businesses offering consumer products for sale in California containing chemicals known to cause cancer or reproductive harm without first providing the required health hazard warning.

After a court approves a settlement obtained by a citizen enforcer under Proposition 65, 75% of the penalties are paid to California’s Office of Environmental Health Hazard and Assessment (OEHHA), the lead agency responsible for implementing Proposition 65, and adding or removing chemicals to the list of more than 800 Proposition 65 chemicals known to cause cancer or reproductive harm.  The remaining 25% of civil penalties is designated for citizen enforcers, such as the clients of The Chanler Group, who investigated and identified the violations of Proposition 65 and served notices on the alleged violators. 

In lieu of additional penalties, $29,000 of settlement amounts obtained by clients of The Chanler Group has been paid to Silent Spring Institute, a nonprofit research organization dedicated to identifying the links between environmental chemicals and cancer.

Notable among the Proposition 65 settlements reached by TCG clients so far in 2013 are agreements regarding:

  • Norpro glass beverageware allegedly containing lead, a chemical known to the State of California to cause cancer and reproductive harm
  • Greenlee Textron hand tools with grips allegedly containing the phthalates DEHP and DBP, chemicals known to the State of California to cause reproductive harm
  • Pan Am bags, passport covers, and luggage tags allegedly containing the phthalate DEHP, a chemical known to the State of California to cause reproductive harm

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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.