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

April 25, 2001
Lead
Consent Judgment
In DiPirro v. Wilson Sporting Goods Co., et al., the parties executed a Consent Judgment on April 25, 2001, which resolved citizen enforcer Michael DiPirro's allegations that the defendant Wilson Sporting Goods Co. ("Wilson") and Apple Sports Inc. ("Apple"), a licensee of Wilson, sold sporting equipment containing the heavy metal lead in the State...
March 14, 2001
Lead
Out-Of-Court Settlement
Citizen enforcer Michael DiPirro's allegations against the party Unique Sports Products Inc. ("Unique Sports") were resolved on March 14, 2001, when the parties entered into an out-of-court Settlement Agreement. DiPirro had alleged that Unique Sports manufactured or distributed tape containing the heavy metal lead in the State of California without providing...
March 1, 2001
Lead
Out-Of-Court Settlement
Michael DiPirro and Babolat VS North America, Inc. reached a settlement on March 1, 2001, in DiPirro v. ITC Babolat VS., et al. Superior Court of Alameda (No. H-216078-8), which resolved citizen enforcer DiPirro's allegations that Babolat VS North America sold lead balancing tape for racquets in the State of California without providing the requisite health hazard...
January 8, 2001
Consent Judgment
On January 8, 2001, the Superior Court of California County of Alameda entered a Consent Judgment in DiPirro v. Brownells, Inc., et al., which resolved citizen enforcer Michael DiPirro's allegations that the defendant Brownells sold sporting goods maintenance and repair products containing cadmium, nickel and nickel compounds, carbon monoxide, and lead in the State of...
December 29, 2000
Lead
Out-Of-Court Settlement
Citizen enforcer Michael DiPirro and Don Sherwood’s Golf & Tennis World entered into an out-of-court Settlement Agreement on December 29, 2000.  This agreement was later brought before the Alameda County Superior Court for approval.  The Settlement Agreement resolved DiPirro’s allegations that Sherwood’s sold lead tape and other lead...
December 21, 2000
Out-Of-Court Settlement
On December 21, 2000, citizen enforcer Michael DiPirro, and settling party West Marine, Inc. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that West Marine sold certain sporting equipment adhesive that contains methylene chloride and/or toluene in the State of California without providing the requisite health hazard warnings....
August 15, 2000
Lead
Out-Of-Court Settlement
On August 15, 2000, citizen enforcer Michael DiPirro, and settling party Sears Roebuck and Co. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that Sears sold certain fishing tackle products which expose users to the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of...
August 15, 2000
Toluene
Out-Of-Court Settlement
On August 15, 2000, citizen enforcer Michael DiPirro, and settling party Sportcraft, Ltd. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that Sportcraft sold certain sporting equipment adhesive that contains toluene in the State of California without providing the requisite health hazard warnings. As part of the settlement,...