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

May 16, 2009
DEHP
Out-of-Court Settlement
On May 16, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant Hunter Mfg., LLP  (“Hunter”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that  Hunter sold vinyl charm keyrings/keychains containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
May 15, 2009
DEHP, Lead
Out-of-Court Settlement
On May 15, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Rainbow West Apparel, Inc. (“Rainbow West”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that Rainbow West sold children’s PVC outerwear containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and...
May 12, 2009
DEHP
Out-of-Court Settlement
On May 12, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Dollar Empire, LLC (“Dollar Empire”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that Dollar Empire sold children’s wear with vinyl components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP...
May 11, 2009
DEHP
Out-of-Court Settlement
On May 11, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant Washington Shoe Company  (“Washington Shoe”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that Washington Shoe sold children’s raincoats containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”)...
May 5, 2009
DEHP, Lead
Out-of-Court Settlement
On May 5, 2009, citizen enforcers Anthony E. Held, Ph.D., P.E. and Russell Brimer and settling defendant Creata (USA) Inc. (“Creata”) entered into an out-of-court Settlement Agreement, which resolved Brimer’s allegations that Creata sold mugs with colored artwork or designs containing the heavy metal lead and Held’s allegations that Creata sold...
May 1, 2009
DEHP
Out-of-Court Settlement
On May 1, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant A.W. Faber-Castell USA, Inc. ("Faber-Castell) entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Faber-Castell sold children's vinyl backpacks containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State...
April 30, 2009
DEHP, Lead
Out-of-Court Settlement
On April 30, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant Poof-Slinky, Inc. ("Poof-Slinky") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Poof-Slinky sold children's vinyl bags containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and children's toys...
April 24, 2009
DEHP
Consent Judgment
On April 24, 2009, the Alameda County Superior Court entered a Consent Judgment in Held v. Toys "R" Us, Inc.; et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendants Save Mart Supermarkets ("Save Mart") and Food Maxx ("Food Maxx") sold infant's and children's items containing the...