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

January 30, 2012
DEHP
Out-of-Court Settlement
On January 30, 2012, citizen enforcer John Moore and settling defendant Title Boxing, LLC ("Title Boxing"), entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Title Boxing sold training and sauna fitness suits containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California...
January 17, 2012
DEHP
Consent Judgment
On January 17, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. Altus Athletic Manufacturing Company and OK-1 Manufacturing Company, which resolved citizen enforcer John Moore's allegations that the defendants Altus Athletic Manufacturing Company and OK-1 Manufacturing Company ("Altus and OK-1") sold training and sauna fitness...
January 12, 2012
DEHP
Consent Judgment
On January 12, 2012, the San Francisco County Superior Court entered a Consent Judgment and Proposition 65 Settlement in Moore v. Tiffin Athletic Mats, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant Tiffin Athletic Mats, Inc. ("Tiffin") sold exercise/fitness mats containing the phthalate chemical di(2-ethylhexyl)...
November 30, 2011
DEHP
Out-of-Court Settlement
On November 30, 2011, citizen enforcer John Moore and settling defendant Electra Bicycle Company, LLC ("Electra"), entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Electra sold bicycle handle grips containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without...
November 14, 2011
DEHP
Consent Judgment
On November 14, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Regent; et al., which resolved citizen enforcer John Moore's allegations that the defendant Regent Sports Corporation ("Regent") sold baseballs containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing...
October 28, 2011
DEHP
Consent Judgment
On October 28, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. American Athletic, Inc.; et al., which resolved citizen enforcer John Moore's allegations that the defendants Russell Brands, LLC and American Athletic, Inc., and Fruit of the Loom, Inc. (collectively "American Athletic") sold exercise/fitness mats containing the...
September 14, 2011
DEHP
Out-of-Court Settlement
On September 14, 2011, citizen enforcer John Moore and settling defendant Blue Star Clothing Company, Incorporated ("Blue Star) entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Blue Star sold exercise balls containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without...
July 22, 2011
Lead
Consent Judgment
On July 22, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Logo Chair Incorporated, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant Logo Chair, Incorporated ("Logo Chair") sold folding chairs containing the heavy metal lead in the State of California without providing the requisite...