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

December 18, 2014
DEHP
Out-of-Court Settlement Agreement
Whistleblower John Moore and settling party Ball Bounce & Sport, Inc. (“Ball Bounce”) entered into an out-of-court Settlement Agreement on December 18, 2014, which resolved Moore’s allegations that Ball Bounce sold sporting good game cases with vinyl/PVC components and other associated equipment containing the phthalate chemical di(2-ethylhexyl)...
December 16, 2014
DEHP
Consent Judgment
The parties involved in the case Held v. Callaway Golf Company executed a Consent Judgment on December 16, 2014.  In this matter, citizen enforcer Anthony E. Held, Ph.D, P.E., alleged that Callaway Golf Company (“Callaway”) sold vinyl/PVC golf club covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
December 15, 2014
DEHP
Out-of-Court Settlement
On December 15, 2014, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Laurence Vinocur made against settling party Active Lifestyle Products & Services, Inc. (“Active Lifestyle”).  In this matter, Vinocur alleged that Active Lifestyle sold vinyl/PVC folding table tops containing the...
December 10, 2014
DEHP
Consent Judgment
The parties involved in the case Moorberg v. East Bay Restaurant Supply, Inc. executed a Consent Judgment on December 10, 2014.  In this matter, citizen enforcer Mark Moorberg alleged that East Bay Restaurant Supply, Inc. (“EBRS”) sold pedometers with vinyl/PVC ID holders containing the phthalate chemical di(2-ethylhexyl)phthalate “DEHP” in...
August 6, 2014
DEHP
Consent Judgment
The parties involved in the enforcement action Leeman v. I Marketing Group, LLC executed an agreement on August 6, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that the defendant I Marketing Group, LLC (“I Marketing”) sold vinyl/PVC arm bands containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in...
July 3, 2014
DEHP
Consent Judgment
Citizen enforcer Dr. Anthony Held and settling parties Starz Media, LLC (“Starz”) and Anchor Bay Entertainment, LLC (“Anchor Bay”) entered into a Consent Judgment on July 3, 2014, which resolved Held’s allegations that Starz and Anchor Bay sold exercise balls containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in...
June 3, 2014
DEHP
Out-of-Court Settlement Agreement
On June 3, 2014, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Whitney R. Leeman, Ph.D., made against settling party Golf Gifts and Gallery, Incorporated (“Golf”).  In this matter, Leeman alleged that Golf sold vinyl/PVC golf ball retriever grips and vinyl/PVC golf ball monogrammer grips...
May 14, 2014
DEHP, Lead
Consent Judgment
The parties involved in the enforcement action Brimer v. Pro Performance Sports, LLC, et al. executed a Consent Judgment on May 14, 2014, which resolved citizen enforcer Russell Brimer’s allegations that the defendants Pro Performance Sports, LLC (“Pro Performance”) and The Sports Authority, Inc. (“Sports Authority”) sold flag football sets...