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

June 1, 2011
DEHP
Consent Judgment
On June 1, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Bell Sports, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant ICON Health & Fitness, Inc. ("ICON") sold exercise balls containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California...
March 22, 2011
Lead
Out-of-Court Settlement
On March 22, 2011, citizen enforcer Russell Brimer and settling defendant Agron Incorporated ("Agron") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Agron sold athletic bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of the settlement...
February 7, 2011
DEHP
Consent Judgment
On February 7, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Bell Sports, Inc.; et al., which resolved citizen enforcer John Moore's allegations that the defendant Century, LLC ("Century") sold medicine balls containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without...
January 18, 2011
DEHP
Out-of-Court Settlement
On January 18, 2011, citizen enforcer John Moore and settling defendant Pro Sports, Inc. d/b/a Champion Sports ("Pro Sports") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Pro Sport sold physical education equipment containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of...
May 28, 2009
DEHP, Lead
Consent Judgment
On May 28, 2009, the Marin County Superior Court entered a Consent Judgment in Held v. Easton Sports, Inc., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendants Easton Sports, Inc. and Easton/Bell Sports, Inc. (collectively "Easton") sold miniature and regular-sized children's vinyl baseball gloves and...
December 30, 2008
DEHP
Out-Of-Court Settlement
On December 30, 2008, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Ja-Ru, Inc. ("Ja-Ru") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Ja-Ru sold sporting toys/children's items containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California...
March 7, 2005
Lead
Consent Judgment
The San Francisco Superior Court entered a Consent Judgment in the case Brimer v. E & B Giftware, LLC, et al. on March 7, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant E & B Giftware ("E & B") distributed and/or sold certain fishing sets with sinkers that contain lead in the State of California without...
December 18, 2001
Toluene
Consent Judgment
The parties involved in the case DiPirro v. Poolmaster Inc., et al., executed a Consent Judgment on December 18, 2001, which resolved citizen enforcer DiPirro's allegations that the defendant Poolmaster sold certain vinyl repair kits containing toluene in the State of California without providing the requisite health hazard warnings.  The Consent Judgment was...