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

December 1, 2015
DEHP
Consent Judgment
The parties involved in the case Vinocur v. Sport Squad LLC executed a Consent Judgment on December 1, 2015.  In this matter, citizen enforcer Laurence Vinocur alleged that Sport Squad LLC (“Sport Squad”) sold vinyl/PVC racquet cases containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without...
November 13, 2015
TDCPP
Consent Judgment
Citizen enforcer Laurence Vinocur’s allegations against defendant Kmart Corporation (“Kmart”) were resolved on November 13, 2015, when the parties entered into a Consent Judgment.  In this matter, Vinocur alleged that Kmart sold tents and shelters containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State...
October 20, 2015
DEHP, DINP
Consent Judgment
The parties involved in the case Held v. Nathan Sports Inc. executed a Consent Judgment on October 20, 2015.  In this matter, citizen enforcer Anthony E. Held, Ph.D., P.E. alleged that Nathan Sports Inc. (“Nathan”) sold fitness vests with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and hydration...
September 29, 2015
DEHP
Consent Judgment
The parties involved in the case Moore v. Dynamic Brands, LLC executed a Consent Judgment on September 29, 2015.  In this matter, citizen enforcer John Moore alleged that Dynamic Brands, LLC (“Dynamic Brands”) sold gold bag travel covers with vinyl/PVC handles containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
September 28, 2015
Lead
Consent Judgment
The parties involved in the case Held v. Akerue Industries, LLC executed a Consent Judgment on September 28, 2015.  In this matter, citizen enforcer Anthony E. Held, Ph.D., P.E. alleged that Akerue Industries, LLC (“Akerue”) sold portable stove bags containing the heavy metal lead in the State of California without providing the requisite health hazard...
September 17, 2015
DEHP
Consent Judgment
The parties involved in the case Held v. SAS Safety Corporation executed a Consent Judgment on September 17, 2015.  In this matter, citizen enforcer Anthony E. Held, Ph.D., P.E. alleged that SAS Safety Corporation (“SAS”) sold hearing protection with vinyl/PVC ear cushions and vinyl/PVC aprons containing the phthalate chemical di(2-ethylhexyl)phthalate (...
September 14, 2015
DEHP
Out-of-Court Settlement
On September 14, 2015, citizen enforcer John Moore and settling party South Bend Sporting Goods, Inc. ( “South Bend”) entered into an out-of-court settlement agreement.  Moore had alleged that South Bend sold vinyl/PVC handheld exercise weights containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California...
September 9, 2015
TDCPP
Consent Judgment
Citizen enforcer Laurence Vinocur’s allegations against defendant Westfield Outdoors, Inc. (“Westfield”) were resolved on September 9, 2015, when the parties entered into a Consent Judgment.  In this matter, Vinocur alleged that Westfield sold tent/shelter fabrics containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP...