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

October 3, 2008
DEHP
Consent Judgment
On October 3, 2008, the Sacramento County Superior Court entered a Consent Judgment in Held v. 99 Cents Only Stores, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant 99 Cents Only Stores ("99") sold toys or other child care products containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in...
September 30, 2008
DEHP
Consent Judgment
On September 30, 2008, the Sacramento County Superior Court entered a Consent Judgment in Held v. Advance Watch Company, Ltd., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Advance Watch Company, Ltd. ("Advance Watch") has been in the chain of distribution of toys or other children's products containing the...
September 17, 2008
DEHP
Consent Judgment
On September 17, 2008, the Alameda County Superior Court entered a Consent Judgment in Held v. M.Z. Berger & Company, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant M.Z. Berger & Company, Inc. ("M.Z.") sold children's watches containing di(2-ethylhexyl)phthalate ("DEHP") in the State...
September 5, 2008
DEHP
Out-Of-Court Settlement
On September 5, 2008, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Smith News Company, Inc. dba Smith Novelty Company (“Smith”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that Smith sold children’s bibs, toys, and bags containing the phthalate chemical di(2-ethylhexyl)phthalate (...
August 26, 2008
DEHP
Out-Of-Court Settlement
On August 26, 2008, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Cost Plus, Inc. ("Cost Plus") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Cost Plus sold children's toys containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without...
August 6, 2008
BBP, DBP, DEHP, DIDP, DnHP, Lead
Consent Judgment
On August 6, 2008, the Alameda County Superior Court entered a Consent Judgment in Held v. Regent Baby Products Corporation, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Regent Baby Products Corporation ("Regent") sold children's toys and childcare items containing the phthalate chemicals di(2-ethylhexyl)...
July 22, 2008
DEHP
Out-Of-Court Settlement
On July 22, 2008, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Bangkit (U.S.A.) Inc. ("Bangkit") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Bangkit sold children's art smocks containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California...