Children's Apparel and Fashion Accessories

Children's Apparel and Fashion Accessories

Stringent industry standards and constant monitoring of children’s clothes, shoes, and outerwear help protect the welfare of children.  Children are an especially vulnerable demographic, protected by strict regulation of carcinogenic and developmentally-harmful chemicals. Through extensive investigation, The Chanler Group and its clients have sought out products that contain detectable levels of lead, cadmium, and phthalate chemicals known to cause cancer and reproductive harm.

As a neurotoxin, lead is a highly-toxic heavy metal that affects the nervous system, being especially dangerous to 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. Children under the age of six are most at risk for developmental problems stemming from lead poisoning as a result of frequent hand-to-mouth behaviors, small body size, and still-developing immune system.

Phthalates are "plasticizers," chemicals added to plastic components and materials in consumer products to increase their flexibility, transparency, durability, and longevity. Phthalates are listed by the State of California as chemicals known to cause reproductive harm. The Chanler Group regularly investigates the presence of di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), and Di-n-butyl phthalate ("DBP") found in consumer products. 

In recent years, The Chanler Group's clients have investigated children's apparel and accessories including belts, zippers, backpacks, bibs, footwear, Halloween costumes, and jewelry for phthalate chemical and for the heavy metal lead. Such investigations often led to legal action, often with favorable Proposition 65 results. On behalf of its clients, The Chanler Group has successfully secured settlements from companies that sell children's apparel and fashion accessories containing phthalates, lead, and cadmium. In these settlements, companies agreed to reformulate their products to virtually eliminate the presence of these harmful substances or to provide health warnings as required under Proposition 65 in California.

In 2012, Anthony E. Held, Ph.D., P.E., a Chanler Group client, attained an unparalleled settlement with manufacturers of Halloween costumes, accessories, and décor in Held v. Almar Sales Co., Inc, et al.  In this case, seventeen defendants agreed to reformulate their products so as to virtually eliminate the presence of seven chemicals known to cause cancer or reproductive harm. Removed toxicants included arsenic, cadmium, phthalates, formaldehyde, and lead.  Additionally, products designed for children under the age of twelve were held to a stricter standard, which further restricts the amount of cadmium present in each accessible component and eliminates any intentionally-added cadmium to such products.

The Chanler Group and its clients continue to closely monitor this industry in order to protect children from exposure to chemicals.  To review legal agreements which The Chanler Group's clients have reached with companies that sell children's apparel and fashion accessories, please see the cases below.

 

firm casework - enforcement

December 13, 2018
DEHP
Consent Judgment
The parties involved in the case Vinocur v. Tierra-Derco International, Inc. executed a Consent Judgment on December 13, 2018.  In this matter, citizen enforcer Laurence Vinocur alleged that Tierra-Derco International, Inc. (“Tierra-Derco”) sold products containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of...
February 23, 2016
4,4'-MDA, DEHP
Out-of-Court Settlement
On February 23, 2016, citizen enforcer Paul Wozniak and settling party SUPERVALU INC. (“Supervalu”) entered into an out-of-court settlement agreement.  Wozniak had alleged that Supervalu sold nylon cooking utensils containing the chemical 4,4’-methylenedianiline (“4,4’-MDA”) and vinyl/PVC bracelets containing the phthalate chemical...
June 26, 2015
Lead
Out-of-Court Settlement
Citizen enforcer Mark Moorberg and settling party Tara Toy Corp. (“Tara Toy”) entered into an out-of-court settlement agreement on June 26, 2015.  Moorberg had alleged that Tara Toy sold children’s purses containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of the settlement, Tara...
February 19, 2014
Lead
Consent Judgment
On February 19, 2014, the parties involved in the enforcement action Vinocur v. Celebration Creations, Inc., et al., executed a Consent Judgment.  In this matter, citizen enforcer Laurence Vinocur alleged that the defendant Walgreen Co. (“Walgreen”) sold children’s sport-themed baskets containing the heavy metal lead in the State of California...
September 25, 2012
DEHP
Consent Judgment
On September 25, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. Ms. Dee, Inc., et al., which resolved citizen enforcer John Moore's allegations that defendant Ms. Dee, Inc. ("Ms. Dee"), sold coverings for books/journals, marker pouches, and bracelets containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP")...
May 18, 2012
BBP, DBP, DEHP
Consent Judgment
On May 18, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. Wiesner, et al., which resolved citizen enforcer John Moore's allegations that the defendant, Wiesner Products, Inc. ("Wiesner"), sold footwear containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), and...
February 27, 2012
DEHP
Consent Judgment
On February 27, 2012, the San Francisco County Superior Court entered an Amended Consent Judgment in Held v. S. Goldberg and Co., Inc., et al., which allowed defendants Nina Footwear, Inc. ("Nina") and Mamiye Brothers, Inc. ("Mamiye"), to opt-in to the original Consent Judgment, dated August 20, 2010, resolving citizen enforcer Anthony E. Held, Ph.D.,...
December 7, 2011
DBP
Consent Judgment
On December 7, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Age Group Limited, et al., which resolved citizen enforcer John Moore's allegations that the defendant Age Group Limited ("Age Group") sold footwear containing the phthalate di-n-butyl phthalate ("DBP") in the State of California without providing the...