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

November 3, 2017
DEHP
Out-of-Court Settlement
On November 3, 2017, citizen enforcer Peter Englander and settling party Kikkerland Design, Inc. (“Kikkerland”) entered into an out-of-court settlement agreement. Englander had alleged that Kikkerland sold vinyl/PVC bicycle reflectors containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing...
October 26, 2017
DEHP
Out-of-Court Settlement
On October 26, 2017, citizen enforcer Anthony E. Held, Ph.D. and settling party Boyt Harness Company, L.L.C. (“Boyt”) entered into an out-of-court settlement agreement. Held had alleged that Boyt sold hydration bladders with vinyl/PVC tubing containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without...
July 6, 2017
DEHP
Consent Judgment
The parties involved in the case Moore v. U.S. Jaclean, Inc. executed a Consent Judgment on July 6, 2017.  In this matter, citizen enforcer John Moore alleged that U.S. Jaclean, Inc. (“U.S. Jaclean”) sold exercise balls containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the...
July 5, 2017
DEHP
Out-of-Court Settlement
On July 5, 2017, citizen enforcer Paul Wozniak and settling party Jim O’Neal Distributing, Inc. (“Jim O’Neal”) entered into an out-of-court settlement agreement.  Wozniak had alleged that Jim O’Neal sold gloves with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
May 19, 2017
DEHP
Consent Judgment
The parties involved in the case Moore v. Weaver Leather, LLC executed a Consent Judgment on May 19, 2017.  In this matter, citizen enforcer John Moore alleged that Weaver Leather, LLC (“Weaver Leather”) sold exhibitor harnesses with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
May 3, 2017
DEHP
Consent Judgment
The parties involved in the case Held v Icon Health & Fitness executed a Consent Judgment on May 3, 2017.  In this matter, citizen enforcer Anthony E. Held alleged that ICON Health & Fitness, Inc. (“ICON”) sold vinyl/PVC exercise mats containing the phthalate chemicals di(2-ethylhexyl)phthalate (“DEHP”) and diisononyl phthalate (...
May 2, 2017
DEHP
Consent Judgment
The parties involved in the case Brimer v. Spectrum Brands, Inc. executed a Consent Judgment on May 2, 2017.  In this matter, citizen enforcer Russell Brimer alleged that Spectrum Brands, Inc. (“Spectrum”) sold lanterns and other light products, including but not limited to, flashlights and headlamps, with handles and/or other components containing the...
April 27, 2017
DEHP
Consent Judgment
The parties involved in the case Moore v Altadis U.S.A. Inc. executed a Consent Judgment on April 27, 2017.  In this matter, citizen enforcer John Moore alleged that Altadis U.S.A. Inc. (“Altadis”) sold golf accessory bags with vinyl/PVC components or other components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the...