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 8, 2009
DEHP
Consent Judgment
On December 8, 2009, the Sacramento County Superior Court entered a Consent Judgment in Held v. Essex Manufacturing, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Essex Manufacturing, Inc. ("Essex") sold children's jackets containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP")...
October 16, 2009
DEHP
Consent Judgment
On October 16, 2009, the San Francisco County Superior Court entered a Consent Judgment in Held v. Swibco, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Swibco, Inc. ("Swibco") sold vinyl zipper pulls and key rings containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State...
October 14, 2009
DEHP
Consent Judgment
On October 14, 2009, the San Francisco County Superior Court entered a Consent Judgment in Held v. The Haddad Apparel Group, Ltd.; et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant The Haddad Apparel Group, Ltd. ("Haddad") sold children's jackets containing the phthalate chemical di(2-ethylhexyl)...
October 2, 2009
DEHP
Consent Judgment
On October 2, 2009, the San Francisco County Superior Court entered a Consent Judgment in Held v. MeadWestvaco Corporation, et al. which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant MeadWestvaco Corporation ("MWV") sold children's vinyl zipper pulls containing the phthalate chemical di(2-ethylhexyl)phthalate (...
September 28, 2009
DEHP
Consent Judgment
On September 28, 2009, the Sacramento County Superior Court entered a Consent Judgment in Held v. Fast Forward, LLC., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Fast Forward, LLC ("Fast Forward") sold children's vinyl bags containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in...
September 21, 2009
DEHP
Consent Judgment
On September 21, 2009, the San Francisco County Superior Court entered a Consent Judgment in Held v. Elegant Knitted Headwear, Co. Inc., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Elegant Knitted Headwear, Co. Inc. ("Elegant") sold children's vinyl bags and children's raincoats containing the...
September 17, 2009
DEHP
Consent Judgment
On September 17, 2009, the Marin County Superior Court entered a Consent Judgment in Held v. Barry-Owen Co., Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Barry-Owen Co., Inc. ("Barry-Owen") sold children's vinyl or rubber keychains/toys and bracelets with vinyl/rubber charm plugs containing the...
September 9, 2009
DEHP
Consent Judgment
On September 9, 2009, the Sacramento County Superior Court entered a Consent Judgment in Held v. Tuesday Morning Corporation, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Tuesday Morning Corporation ("Tuesday Morning") sold sporting toys/children's items and bibs containing the phthalate chemical di(2-...