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 6, 2011
Lead
Consent Judgment
On December 6, 2011, the Marin County Superior Court entered a Consent Judgment in Brimer v. Hypnotic Hats, Ltd., which resolved citizen enforcer Russell Brimer's allegations that the defendant Hypnotic Hats, Ltd. ("Hypnotic Hats"), sold Pink Cookie Fashion Belts containing the heavy metal lead in the State of California without providing the requisite...
September 1, 2011
DEHP
Consent Judgment
On September 1, 2011, the Marin County Superior Court entered a Consent Judgment in Held v. CVS Pharmacy, Incorporated; et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant CVS Pharmacy, Incorporated ("CVS"), sold children's bags, plush toys with vinyl components, and children's vinyl baseball/sporting...
July 18, 2011
DEHP
Out-of-Court Settlement
On July 18, 2011, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant Fishman and Tobin LLC ("Fishman"), entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Fishman sold footwear containing excessive amounts of the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of...
March 28, 2011
DEHP
Consent Judgment
On March 28, 2011, the San Francisco County Superior Court entered a Consent Judgment in Held v. Cross Canvas Company, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Cross Canvas Company, Inc. ("Cross Canvas"), sold backpacks containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in...
February 1, 2011
Lead
Out-of-Court Settlement
On February 1, 2011, citizen enforcer Russell Brimer and settling defendant Acme United Corporation ("Acme") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Acme sold vinyl accessory pouches containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of...
January 6, 2011
DEHP
Consent Judgment
On January 6, 2011, the Alameda County Superior Court entered a Consent Judgment in Held v. Best Brands Consumer Products, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Best Brands Consumer Products, Inc. ("Best Brands") sold children's backpacks containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in...
December 15, 2010
DEHP
Consent Judgment
On December 15, 2010, H.H. Brown Shoe Company, Inc. ("H.H. Brown Shoe"), executed a Stipulation for Entry of Judgment whereby it elected to participate in a consolidated Consent Judgment to address the plaintiff Anthony E. Held, Ph.D., P.E.'s allegations that H.H Brown Shoe sold products in the State of California containing the phthalate chemical di(2-...
December 10, 2010
Lead
Consent Judgment
On December 10, 2010, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Jack Schwartz Shoes, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Jack Schwartz Shoes, Incorporated ("Jack Schwartz") sold infant footwear containing the heavy metal lead on the exterior shoe surfaces in the State of...