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 22, 2016
DEHP
Out-of-Court Settlement
On April 22, 2016, citizen enforcer Whitney R. Leeman, Ph.D., and settling party Tippmann Sports, LLC (“Tippmann”) entered into an out-of-court settlement agreement.  Leeman had alleged that Tippmann sold gloves with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without...
April 4, 2016
DEHP
Out-of-Court Settlement
On April 4, 2016, citizen enforcer Mark Moorberg and settling party PADI Worldwide Corp. (“PADI”) entered into an out-of-court settlement agreement.  Moorberg had alleged that PADI sold vinyl/PVC cases for sport diving training materials containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without...
March 31, 2016
DEHP
Consent Judgment
The parties involved in the case Moore v. Integrated Supply Network, LLC executed a Consent Judgment on March 31, 2016.  In this matter, citizen enforcer John Moore alleged that Integrated Supply Network, LLC (“ISN”) sold gloves with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
March 9, 2016
DEHP
Out-of-Court Settlement
On March 9, 2016, citizen enforcer Peter Englander and settling party Accell North America, Inc. (“ANA”) entered into an out-of-court settlement agreement.  Englander had alleged that ANA sold locks with vinyl/PVC coating containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the...
March 2, 2016
DEHP
Out-of-Court Settlement
On March 2, 2016, citizen enforcer Whitney R. Leeman, Ph.D and settling party Dreamgear, LLC (“Dreamgear”) entered into an out-of-court settlement agreement.  Leeman had alleged that Dreamgear sold armbands with vinyl/PVC straps containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing...
February 11, 2016
DEHP
Consent Judgment
The parties involved in the case Wozniak v. Sport Chalet, LLC executed a Consent Judgment on February 11, 2016.  In this matter, citizen enforcer Paul Wozniak alleged that Sport Chalet, LLC (“Sport Chalet”) sold tongs with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without...
February 9, 2016
TDCPP
Consent Judgment
The parties involved in the case Vinocur v. Marmot Mountain, LLC executed a Consent Judgment on February 9, 2016.  In this matter, citizen enforcer Laurence Vinocur alleged that Marmot Mountain, LLC (“Marmot”) sold tent and/or shelter fabrics containing the flame retardant chemical tris(1,3-dichloro-2-propyl)phosphate (“TDCPP”) in the State of...
January 4, 2016
DEHP
Consent Judgment
The parties involved in the case Moore v. WBC Group, LLC executed a Consent Judgment on January 4, 2016.  In this matter, citizen enforcer John Moore alleged that WBC Group, LLC (“WBC”) sold vinyl/PVC exercise balls containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite...