The Chanler Group

Atlantic Representations, Inc.; Target Corporation

Notice Date: 
September 27, 2013
Alleged Harm: 
Cancer
Plaintiff: 
Brimer
Defendant: 
Atlantic Representations, Inc.; Target Corporation
Sub-Industry Code: 
Other Furniture
Home Furniture
Designated For Use By: 
Adult/Child Use
Attached PDFs: 

IKEA settles Proposition 65 Case brought by The Chanler Group - by Heath E. Combs at Furniture Today

September 12, 2013

Excerpted from full article at Furniture Today:

Swedish home furnishings giant Ikea has filed an out-of-court settlement in a Proposition 65 complaint with law firm The Chanler Group.

The Chanler Group is a professional Prop 65 litigant. Its complaint with Ikea covers changing pads. The settlement was listed on the California Attorney General's website. 

To settle all claims, Ikea agreed to pay $60,000 in civil penalties. Of that, 75% goes to California Office of Environmental Health Hazard Assessment and a remaining 25% to Laurence Vinocur - Chanler's professional plaintiff filing complaints.   The full article may be accessed on the Furniture Today website.

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Wolters Kluwer Certifies That Its Notebooks are DEHP-Free

August 27, 2013

The Chanler Group has received certification, required by the settlement agreement with TCG client Russell Brimer, that Wolters Kluwer’s vinyl and PVC notebooks offered for sale in California have been reformulated to contain less than 0.1% of DEHP.  As a result, the final civil penalty of $15,000, which Wolters Kluwer agreed to in the settlement, will be waived.  The penalty waiver provision of the settlement provided an incentive for Wolters Kluwer to promptly reformulate their products to be free of DEHP.  DEHP is a toxic phthalate chemical known to the State of California to cause reproductive harm.

Wolters Kluwer is a multinational company providing information, software, and services to the legal, tax, finance, and health industries, with over 19,000 employees serving customers in 150 countries.  Russell Brimer found that Wolters Kluwer notebooks contained DEHP but did not provide the required health hazard warning, and served Wolters Kluwer with a 60-Day Notice of Violation on August 16, 2012.  Wolters Kluwer entered into a settlement agreement on March 7, 2013, for a total of $57,000 in penalties and attorneys’ fees, $15,000 of which would be waived if a certification of reformulation were provided by August 1, 2013.

The Chanler Group frequently includes such “reformulation incentives” in its settlements as part of the firm’s work in effectuating change for a cleaner environment and safer consumer products.

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.

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TCG Client Leeman Settles 4-MEI Case With Farmer Bros. for up to $30K

August 16, 2013

Dr. Whitney Leeman, a client of The Chanler Group, and Farmer Bros., a food service company, reached a settlement yesterday resolving Leeman’s allegations that Farmer Bros. violated Proposition 65 by offering for sale food extracts, flavorings, and colorings containing the chemical 4-MEI in California without the required health hazard warning. California has designated 4-MEI a chemical known to cause cancer, and under Proposition 65, companies offering for sale products containing chemicals known to cause cancer or reproductive harm must first provide consumers with a health hazard warning.

Farmer Bros. is a publically traded food service company with thousands of employees nationwide and a line of over 3,000 products. As part of the settlement, Farmer Bros. will pay an initial civil penalty of $5,000, 75% of which will be paid to California’s Office of Environmental Health Hazard Assessment (OEHHA), the lead agency responsible for the implementation of Proposition 65, and 25% of which will be paid to Dr. Leeman. Farmer Bros. has also agreed to manufacture, sell, or distribute for sale in California a product that contains no more than 1 part per million of 4-MEI.

As an incentive for reformulation of the products covered by the consent judgment, should Farmer Bros. provide a written certification that the covered products offered for sale in California comply with the reformulation standard as set out above by December 15, 2013, then Dr. Leeman has agreed to waive the remaining $25,000 of the civil penalty. The penalty is otherwise due on December 31, 2013.

This is the first settlement The Chanler Group has reached for its clients in regards to 4-MEI.

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

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Wash. State Report Shows Thousands of Kids’ Products Contain Toxic Chemicals

July 16, 2013

A report sponsored by the Washington Toxics Coalition and Safer States reveals that thousands of children’s products sold in the State of Washington contain toxic chemicals, including mercury, cadmium, cobalt, and phthalate chemicals.

In 2008, the Washington State Legislature passed the Children’s Safe Products Act, requiring manufacturers of children’s products to report the presence of 66 Chemicals of High Concern to Children in such products, the levels of the chemicals, the category of product containing them, and the reason for their use.  Manufacturers began reporting in 2012, and the database can be accessed at the Washington State Department of Ecology website.

More than 5,000 products have been reported so far, including children’s apparel, toys, bedding, and infant products, containing chemicals such as mercury, cadmium, cobalt, and antimony, known to cause cancer and reproductive harm; phthalate chemicals, known to cause reproductive harm; and solvents such as ethylene glycol, known to cause reproductive harm.  Children are at higher risk from such chemicals because of their small body mass, still-developing bodies, and tendency to mouth objects, which expose them to higher amounts of the chemical.  The chemicals may also escape from the products into household dust and indoor air, resulting in further exposure to everyone in the home, including children.

The most-reported category was children’s clothing, which was reported over 2,000 times, followed by children’s footwear, reported almost 1,000 times.  The most-reported chemicals were cobalt and cobalt compounds, followed by ethylene glycol and antimony and antimony compounds.

California’s Proposition 65 requires companies selling products that contain chemicals known to cause cancer or reproductive harm to first provide California consumers with a health hazard warning.  A list of the chemicals known to the State of California to cause cancer or reproductive harm is available on the website of the Office of Environmental Health Hazard Assessment; many of the chemicals mentioned in this report are already known carcinogens and reproductive toxicants in California, including mercury, antimony, cobalt, and several phthalate chemicals. 

Citizen enforcer clients of The Chanler Group have discovered the presence of many such chemicals in children’s products such as toys, children’s clothing, and children’s footwear and have initiated enforcement actions, leading to civil penalties and product reformulation to remove the toxic chemicals.

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.

See below to read the full report.

Files: 
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Fiskars Certifies That Three-Quarters of its Tools With Grips are DEHP-Free

July 12, 2013

The Chanler Group has received Fiskars Brands, Inc.’s certification, required by the settlement agreement with TCG client John Moore, that 75% of Fiskars’ tools with grips offered for sale in California have been reformulated to contain less than 0.1% of DEHP.  As a result, the final civil penalty of $60,000, which Fiskars agreed to in the settlement, will be waived.  The penalty waiver provision of the settlement provided an incentive for Fiskars to promptly reformulate their products to be free of DEHP.  DEHP is a toxic phthalate chemical known to the State of California to cause reproductive harm.

Fiskars Brands is a publically traded, multinational holding corporation that manufactures common consumer products such as scissors, garden tools, crafting tools, and knives, whose brands include Gerber, Craftsman, and Buster, as well as Fiskars.  John Moore found several Fiskars Brands products to contain DEHP, including garden tools and crafting tools, and served Fiskars Brands with a 60-Day Notice of Violation on October 28, 2011.  Fiskars Brands entered into a settlement agreement on February 20, 2013, for a total of $155,000 in penalties and attorneys’ fees, $60,000 of which would be waived if a certification of reformulation were provided by July 15, 2013.

The Chanler Group frequently includes such “reformulation incentives” in its settlements as part of the firm’s work in effectuating change for a cleaner environment and safer consumer products.

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.

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TCG Clients Serve 12 60-Day Notices

July 5, 2013

Anthony Held, John Moore, and Laurence Vinocur--clients of The Chanler Group--served twelve 60-Day Notices of Proposition 65 Violation today.  The notices were served to companies offering products such as furniture, hand tools, and clothing accessories for sale in California containing chemicals known to cause cancer or reproductive harm, without the required health hazard warning.  TCG's citizen enforcers allege that the companies' products contain the phthalate DEHP, the flame retardant chemicals TDCPP and TCEP, and the heavy metals lead (Pb), arsenic (As), and cadmium (Cd), among other chemicals.  DEHP and lead are known to cause birth defects and reproductive harm, while TDCPP and TCEP are known to cause cancer.  Some of the noticed companies include Big Lots, Misyd Corp., and Achim Importing Company.

See below for a partial list of notices.

Product Chemical Alleged Violator Citizen Enforcer
Vinyl/PVC Floor Tiles DEHP Achim Importing Company Inc.
 
Moore
Drum Thrones with Vinyl/PVC Upholstery containing DEHP
 
DEHP Drum Workshop, Inc. Moore
Vinyl/PVC Humidors DEHP J. C. Newman Cigar Co.
 
Moore
Dresses with Vinyl/PVC Belts DEHP; Pb Misyd Corp.
 
Moore

 

Read the most recent notices issued by clients of The Chanler Group

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Moore Settles Phthalates Case with Mannington for Up To $95K in Penalties

June 25, 2013

John Moore, a client of The Chanler Group, and Mannington Mills, Inc., a flooring manufacturer, reached a settlement this month, resolving Moore’s allegations that Mannington violated Proposition 65 by offering vinyl sheet flooring containing the phthalate chemical benzyl butyl phthalate (“BBP”) for sale in California without first providing the required health hazard warnings.

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has designated BBP as a chemical known to cause reproductive harm. 

As part of the settlement, Mannington will pay an initial civil penalty of $25,000, 75% of which will be paid to OEHHA, with the remaining 25% to be paid to whistleblower Moore.  Mannington also agrees to reformulate all flooring products that it offers for sale in California to contain less than .01% BBP.  On December 31, 2013, Mannington will pay a final civil penalty of $70,000.  However, if Mannington reformulates its products to achieve the less than .01% BBP standard by December 15, 2013, Moore will waive the $70,000 final civil penalty.  This settlement structure provides an incentive to Mannington to promptly reformulate its products to virtually eliminate BBP, or pay a much more substantial penalty than the initial penalty.  In addition to the civil penalties, the settlement payment includes a $7,500 cy pres payment to the Silent Spring Institute in lieu of further civil penalties.  Altogether, Mannington may be liable for $95,000 in civil penalties, plus the $7,500 cy pres payment, for a potential total of $102,500.

Silent Spring is a non-profit organization staffed by scientists and researchers who work together to identify and break the links between exposure to harmful chemicals (including BBP) and cancer and/or 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.

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TCG Clients Issue New 60-Day Notices

June 19, 2013

Peter Englander, Whitney Leeman, and Laurence Vinocur--clients of The Chanler Group--served twelve 60-Day Notices of Proposition 65 Violation today.  The notices were served to companies offering products such as furniture, hand tools, and jackets for sale in California containing chemicals known to cause cancer or reproductive harm, without the required health hazard warning.  TCG's citizen enforcers allege that the companies' products contain the phthalate DEHP, the flame retardant chemicals TDCPP and TCEP, and the heavy metal lead (Pb).  DEHP and lead are known to cause birth defects and reproductive harm, while TDCPP and TCEP are known to cause cancer.  Some of the noticed companies include Hohner, Inc., Reimers Furniture Mfg., and TriMas Corporation.

See below for a partial list of notices.

Product Chemical Alleged Violator(s) Citizen Enforcer
Vinyl/PVC Jackets Pb Bombardier Recreational Products Inc.; BRP US Inc.
 
Leeman
Vinyl/PVC Musical Equipment/Instrument Cases
 
DEHP; Pb Hohner, Inc. Leeman
Upholstered Chairs with Foam Padding including TDCPP
 
TDCPP Reimers Furniture Mfg., Inc. Vinocur
Automotive Storage Organizers with Vinyl/PVC Handles DEHP TriMas Corporation; Cequent Consumer Products, Inc. Leeman

 

Read the most recent notices issued by clients of The Chanler Group

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TCG’s Brian Johnson Plays Guitar, Raises Money for SF Education

June 17, 2013
Image: 

Brian Johnson, an attorney for The Chanler Group, shredded guitar at the first annual Law Rocks! San Francisco on June 13, a “battle of the bands” style rock concert in which five groups of legal professionals fought it out on stage to raise nearly $23,000 for five local charities.

Five TCG employees also turned out to support their colleague, donate to charity, and enjoy the festivities at The Independent, a live music venue in San Francisco’s trendy NoPa (North of the Panhandle) neighborhood.

“We’re really glad to be able to raise funds for charity and perform for our friends, colleagues and peers,” Johnson said.

Johnson’s band, Generator, raised $2,261 for the San Francisco Education Fund and came in third place overall.  The San Francisco Education Fund provides resources for underprivileged students and their teachers in the city’s public schools, utilizing more than 800 volunteers.

Generator includes attorney James Napoli of Hanson Bridgett LLP on keyboards and vocals; John Cesario, a music industry professional, and Jeff Herrera, a library employee at Hastings College of the Law on drums.  They have been performing classic rock together for five years throughout California, at venues such as health care facilities, senior homes, conventions, and charity events, and have recorded a CD.  They recently put on a show for patients at San Francisco’s Laguna Honda Hospital.

Law Rocks! was founded in 2009 and has held a number of similar fundraisers in London and Los Angeles.  Future events are planned for Chicago, Boston, New York and Seattle.

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.

Photo Credit: Cynthia Price

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