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 29, 2015
DEHP
Consent Judgment
The parties involved in the case Leeman v. Jack’s Mfg., Inc. executed a Consent Judgment on July 29, 2015.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D. alleged that Jack’s Mfg, Inc. (“Jack’s”) sold riding crops with vinyl/PVC handles containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the...
July 23, 2015
TCEP, TDCPP
Consent Judgment
Citizen enforcer Laurence Vinocur’s allegations against defendant Columbia Sportswear Company (“Columbia”) were resolved on July 23, 2015, when the parties entered into a Consent Judgment.  In this matter, Vinocur alleged that Columbia sold tent fabrics containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and...
July 14, 2015
DEHP
Out-of-Court Settlement
Citizen enforcer Whitney R. Leeman, Ph.D and settling party Dick’s Sporting Goods, Inc. (“Dick’s Sporting Goods”) entered into an out-of-court settlement agreement on July 14, 2015.  Leeman had alleged that Dick’s Sporting Goods sold cooking utensils with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (...
July 10, 2015
DEHP
Consent Judgment
On July 10, 2015, the parties involved in the case Held v. Normark Corporation executed a Consent Judgment.  In this matter, citizen enforcer Anthony E. Held, Ph.D., P.E. alleged that Normark Corporation (“Normark”) sold fishing tools with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
July 7, 2015
TDCPP
Out-of-Court Settlement
Citizen enforcer Laurence Vinocur and settling party Melissa & Doug, LLC (“M&D”) entered into an out-of-court settlement agreement on July 7, 2015.  Vinocur had alleged that M&D sold tent/shelter fabrics containing the flame retardant chemical tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of California without...
July 7, 2015
TDCPP
Consent Judgment
Citizen enforcer Laurence Vinocur’s allegations against defendant JGR Copa, LLC (“JGR”) were resolved on July 7, 2015, when the parties entered into an out-of-court settlement.  In this matter, Vinocur alleged that JGR sold tent fabrics containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of...
July 2, 2015
DEHP
Consent Judgment
The parties involved in the case Moore v. Izzo Golf, Inc. executed a Consent Judgment on July 2, 2015.  In this matter, citizen enforcer John Moore alleged that Izzo Golf, Inc. (“Izzo”) sold vinyl/PVC keychains containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health...
June 19, 2015
DEHP
Consent Judgment
The parties involved in the case Held v. CWC Inventories, Inc. executed a Consent Judgment on June 19, 2015.  In this matter, citizen enforcer Anthony E. Held, Ph.D., P.E. alleged that CWC Inventories, Inc. (“CWC”) sold walking sticks with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and/or the heavy...