Exercise/Fitness and Sporting Equipment/Accessories

Exercise/Fitness and Sporting Equipment/Accessories

From baseballs to exercise mats and sauna fitness suits to fishing gear, The Chanler Group's clients have investigated and tested a wide spectrum of sporting equipment and accessories.  Their ongoing investigations have found exercise, fitness, and sporting equipment containing detectable levels of lead and phthalates being sold throughout the State of California without the requisite Proposition 65 health hazard warnings.

Phthalates are "plasticizers,” chemicals added to plastic components and materials in consumer products to increase their flexibility, transparency, durability, and longevity and 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.   

As a neurotoxin, lead is a highly-toxic heavy metal that aversely affects the nervous system. It is 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 their frequent hand-to-mouth activity and their small body size.

In most instances, enforcement actions brought by The Chanler Group not only procure compliance with Proposition 65's health hazard warning requirements, but also secure a commitment of product reformulation from companies. Such reformulation often results in the virtual elimination of lead and phthalates from the stipulated products. 

For instance, in DiPirro v. Western-Hoegee Company, et al., Michael DiPirro, a Chanler Group client, alleged that Western-Hoegee Company and more than 100 additional settling defendants sold fishing tackle that contained lead.  The Chanler Group negotiated $500,000 in civil penalties from the settling defendants, a portion of which was credited as incentive for the settling defendants to go beyond placing the required Proposition 65 health hazard warnings on the products in question by eliminating the sale of certain products in California. 

Today, The Chanler Group's clients continue their efforts to protect the health of California consumers by investigating exercise, fitness, and sporting equipment for the presence of lead and phthalates.  To review legal agreements which The Chanler Group's clients have reached with companies in this industry, please see the cases below.

firm casework - enforcement

August 31, 2018
DEHP
Out-of-Court Settlement
 On August 31, 2018, citizen enforcer Russell Brimer and settling party Dick's Sporting Goods, Inc. (“Dick's Sporting Goods”) entered into an out-of-court settlement agreement. Brimer had alleged that Dick's Sporting Goods sold vinyl/PVC golf bag rain hoods containing the phthalate di(2-ethylhexyl)phthalate ("DEHP") in the State of...
August 27, 2018
DEHP
Out-of-Court Settlement
On August 27, 2018, citizen enforcer Peter Englander and settling party Bicycle Tools Incorporated (“Bicycle”) entered into an out-of-court settlement agreement. Englander had alleged that Bicycle sold gloves with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing...
August 3, 2018
DEHP
Out-of-Court Settlement
On August 3, 2018, citizen enforcer Laurence Vinocur and settling party GSM Marketing, L.L.C. (“GSM”) entered into an out-of-court settlement agreement. Vinocur had alleged that GSM sold flagging tape containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard...
July 15, 2018
DEHP
Out-of-Court Settlement
On July 15, 2018, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling party Safariland, LLC (“Safariland”) entered into an out-of-court settlement agreement. Held had alleged that Safariland sold shooting glasses containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite...
June 22, 2018
DEHP
Consent Judgment
The parties involved in the case Vinocur v. RM Acquisition, LLC d/b/a Rand McNally executed a Consent Judgment on June 22, 2018.  In this matter, citizen enforcer Laurence Vinocur alleged that RM Acquisition, LLC dba Rand McNally (“Rand McNally”) sold vinyl/PVC cases for electronic devices containing the phthalate chemical di(2-ethylhexyl)...
June 21, 2018
DEHP
Consent Judgment
The parties involved in the case Englander v. Allen Company Inc. executed a Consent Judgment on June 21, 2018.  In this matter, citizen enforcer Peter Englander alleged that Allen Company Inc. (“Allen Company”) sold shooting/range bags with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State...
June 13, 2018
DEHP
Out-of-Court Settlement
On June 13, 2018, citizen enforcer Laurence Vinocur and settling party American Metalcraft, Inc. (“American Metalcraft”) entered into an out-of-court settlement agreement. Vinocur had alleged that American Metalcraft sold insulated food/beverage containers with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP...
May 8, 2018
DEHP
Out-of-Court Settlement
On May 8, 2018, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling party Gill North America, Ltd. (“Gill”) entered into an out-of-court settlement agreement. Held had alleged that Gill sold gloves with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the...