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 13, 2016
DEHP
Out-of-Court Settlement
On June 13, 2016, citizen enforcer Mark Moorberg and settling party Cortland Line Manufacturing LLC (“Cortland”) entered into an out-of-court settlement agreement.  Moorberg had alleged that Cortland sold vinyl/PVC nets and vinyl/PVC pouches containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without...
June 10, 2016
DEHP
Consent Judgment
The parties involved in the case Vinocur v. Ultimate Survival Technologies, Inc. executed a Consent Judgment on June 10, 2016.  In this matter, citizen enforcer Laurence Vinocur alleged that Ultimate Survival Technologies, Inc. (“Ultimate”) sold vinyl/PVC lantern handles containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in...
June 9, 2016
DEHP
Out-of-Court Settlement
Citizen enforcer John Moore and settling party Argento SC by Sicura Inc. (“Argento”) entered into an out-of-court settlement agreement on June 9, 2016.  Moore had alleged that Argento sold exercise equipment with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and compact mirrors or makeup mirrors with...
June 3, 2016
DEHP
Consent Judgment
The parties involved in the case Leeman v. Barnett Outdoors, LLC executed a Consent Judgment on June 3, 2016.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D. alleged that Barnett Outdoors, LLC (“Barnett”) sold archery bows with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
May 17, 2016
DEHP
Out-of-Court Settlement
On May 17, 2016, citizen enforcer Whitney R. Leeman, Ph.D. and settling party M-F Athletic Cmopany Inc. (“MFAC”) entered into an out-of-court settlement agreement.  Leeman had alleged that MFAC sold vinyl/PVC handheld exercise weights containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without...
May 12, 2016
DEHP
Consent Judgment
The parties involved in the case Brimer v. SureFire, LLC executed a Consent Judgment on May 12, 2016.  In this matter, citizen enforcer Russell Brimer alleged that SureFire, LLC (“SureFire”) sold earplugs with vinyl/PVC cords containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the...
May 4, 2016
DEHP
Out-of-Court Settlement
On May 4, 2016, citizen enforcer Whitney R. Leeman, Ph.D., P.E. and settling party U.S.A. Sports Inc. (“U.S.A. Sports”) entered into an out-of-court settlement agreement.  Leeman had alleged that U.S.A. Sports sold handheld exercise weights with vinyl/PVC coverings containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the...
April 25, 2016
DEHP
Out-of-Court Settlement
On April 25, 2016, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling party Southern Exchange, L.P. (“Southern Exchange”) entered into an out-of-court settlement agreement.  Held had alleged that Southern Exchange sold camping cookware containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California...