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

July 7, 2000
Lead, Toluene
Out-Of-Court Settlement
Citizen enforcer Michael DiPirro and Outdoor World, Inc. entered into an out-of-court Settlement Agreement on July 7, 2000.  This Agreement was later brought before the Alameda County Superior Court for approval.  The Settlement Agreement resolved DiPirro’s allegations that Outdoor World sold fishing products, sporting products, hunting products, and...
June 12, 2000
Lead
Consent Judgment
On June 12, 2000, Plano Molding Company (“Plano”) elected to opt-into into a Consent Judgment to resolve citizen enforcer Michael DiPirro’s allegations that Plano and seventy-eight other defendants manufactured, distributed, or sold fishing tackle products containing the heavy metal lead in the State of California without providing the requisite...
April 26, 2000
Lead
Consent Judgment
On April 26, 2000, a Consent Judgment which resolved citizen enforcer Michael DiPirro's allegations that the defendant Hunter's sold lead decoy weights in the State of California without providing the requisite health hazard warnings, was filed with, and subsequently approved by, the Superior Court of California County of Alameda in DiPirro v. Hunter's...
March 27, 2000
Lead
Consent Judgment
On March 27, 2000, a Consent Judgment in DiPirro v. Beeman Precision Airguns, et al. was entered into which resolved citizen enforcer Michael DiPirro's allegations that the defendant Beeman sold airgun ammunition that contains the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of the settlement, Beeman...
February 7, 2000
Lead
Out-Of-Court Settlement
On February 7, 2000, citizen enforcer Michael DiPirro, and settling party Avery Outdoors, Inc. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that Avery sold certain sporting goods containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of the settlement, Avery...