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

March 31, 2014
Lead
Out-of-Court Settlement Agreement
Whistleblower Anthony Held, Ph.D., P.E. and settling party Aurora Wholesalers, LLC (“Aurora”) entered into an out-of-court Settlement Agreement on March 31, 2014, which resolved Held’s allegations that Aurora sold vinyl/PVC football flags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As...
March 20, 2014
DEHP
Consent Judgment
In the enforcement action Englander v. Hans Johnsen Company, whistleblower Peter Englander resolved his allegations against the defendant Hans Johnsen Company (“Hans Johnsen”) when the parties executed a Consent Judgment on March 20, 2014.  In this case, Englander alleged that Hans Johnsen sold seat post binders with vinyl/PVC handles containing the...
December 31, 2013
DEHP
Out-of-Court Settlement
Whistleblower Anthony E. Held, Ph.D., P.E.’s allegations against settling party Reebok International Ltd. (“Reebok”) were resolved on December 31, 2013, when the parties entered into an out-of-court Settlement Agreement.  In this matter, Held alleged that Reebok sold softballs with vinyl/PVC covers containing the phthalate chemical di(2-ethylhexyl)...
September 30, 2013
DEHP
Out-of-Court Settlement
Citizen enforcer Whitney Leeman, Ph.D., and settling defendant E. Mishan & Sons, Inc. (“Mishan”) entered into a Settlement Agreement on September 30, 2013, which resolved Leeman’s allegations that Mishan sold exercise equipment with vinyl/PVC seats containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
September 26, 2013
DEHP
Consent Judgment
The parties executed a Consent Judgment in Vinocur v. Diamond Baseball Company, Inc., on September 26, 2013, which resolved citizen enforcer Laurence Vinocur’s allegations that the defendant Diamond Baseball Company, Inc. (“Diamond”) sold baseballs containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California...
May 17, 2013
DEHP
Consent Judgment
Whistleblower John Moore resolved his allegations against the defendant Janco Distributors Inc. (“Janco”) in the enforcement action Moore v. Bliss Hammocks Inc.; Janco Distributors Inc., when the parties executed a Consent Judgment on May 17, 2013.  Moore alleged that Janco sold exercise balls, yoga mats, and jump ropes containing the phthalate chemical...
March 19, 2013
DEHP
Consent Judgment
In the enforcement action Moore v. Indian Industries, Inc., whistleblower John Moore resolved his allegations against the defendant Indian Industries Inc. (“Indian”) when the parties executed a Consent Judgment on March 19, 2013.  In this enforcement action, Moore alleged that Indian sold billiard table covers and ping pong table covers that contain the...
March 19, 2013
Lead
Consent Judgment
The parties involved in the case Brimer v. Sports Warehouse executed a Consent Judgment on March 19, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Sports Warehouse (“Sports”) sold lead tape containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  As...