Hardware, Woodworking Power/Machine and Hand Tools

Hardware, Woodworking Power/Machine and Hand Tools

The Chanler Group's clients have negotiated a multitude of settlements with companies selling hardware, power woodworking tools, and hand tools that contain the heavy metal lead or phthalates in their grips or in their vinyl components.  Such cases are especially important to The Chanler Group's clients because these products tend to be used by consumers on a regular basis. Lead and phthalates are known to the State of California to cause birth defects and reproductive harm, and repetitive, frequent use of products containing them increases the risks posed by exposure.  

As a neurotoxin, lead has been shown to negatively affect the nervous system, especially 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.

Phthalates are "plasticizers," substances added to plastic components and materials in consumer products to increase their flexibility, transparency, durability, and longevity.  The Chanler Group's clients regularly investigate the presence of phthalate chemicals such as di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP") and Di-n-butyl phthalate ("DBP") which are often found in consumer products. 

The hardware industry also includes products made for soldering, welding, and brazing, all of which join pieces of solid metal using either extreme heat or a metal filler.  Lead is widely used in soldering, welding, and brazing products.

The Chanler Group's clients have significantly minimized the amount of lead in products used throughout this industry by initiating actions against companies that sell soldering, welding, and brazing products containing lead.  Because of the size and sophistication of a majority of the settling defendants, the impact of this litigation on the hardware, hand tool, and household product industries has been far-reaching, and the public benefit has been substantial. The resulting settlements have made this industry less toxic by obtaining commitments from manufacturers for the use of lead-free soldering, welding, and brazing products.   

To review legal agreements which The Chanler Group's clients have reached with companies that sell hardware, woodworking power tools, machine tools, and hand tools, please see the cases below.

firm casework - enforcement

March 7, 2012
BBP, DBP, DEHP
Consent Judgment
The Honorable Roy O. Chernus of the Marin County Superior Court granted the parties’ motion to approve the Consent Judgment in the case Held et al. v. Alticor, Inc., et al., on March 7, 2012.  This enforcement action resolved citizen enforcers John Moore and Anthony E. Held, Ph.D., P.E.’s allegations that eighteen defendants sold products containing...
February 15, 2012
DEHP
Out-of-Court Settlement
On February 15, 2012, citizen enforcer John Moore and settling defendant Prym Consumer USA Inc. ("Prym") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Prym sold handle adapters with grips containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the...
January 9, 2012
BBP, DBP, DEHP, Lead
Consent Judgment
On February 8, 2012, the Alameda County Superior Court entered a Consent Judgment and Proposition 65 Settlement in Brimer v. Restoration Hardware, Inc.; et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant Restoration Hardware, Inc. ("Restoration Hardware") sold tape measures containing the heavy metal lead in the State of...
December 13, 2011
Lead
Consent Judgment
On December 13, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. The Hillman Group, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant The Hillman Group, Inc. ("Hillman") sold tape measures with grips containing the heavy metal lead on the exterior surface in the State of California without...
October 28, 2011
Lead
Consent Judgment
On October 28, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Kmart Corporation, which resolved citizen enforcer Russell Brimer's allegations that the defendant Notions Marketing Corporation ("Notions") sold vinyl coated tape measures containing the heavy metal lead to retail customer Kmart Corporation ("Kmart") in...
October 26, 2011
DEHP, Lead
Consent Judgment
On October 26, 2011, the Alameda County Superior Court entered a Consent Judgment in Moore v. Pier 1 Imports, Inc., which resolved citizen enforcer John Moore's allegations that the defendant, Pier 1 Imports, Inc. ("Pier 1"), sold vinyl coated tape measures that exposed users to the heavy metal lead and travel bags with zipper pulls which exposed users to...
September 20, 2011
Lead
Consent Judgment
On September 20, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. True Value Company and Chardon Corp., which resolved citizen enforcer Russell Brimer's allegations that the defendants True Value Company and Chardon Corp. ("True Value and Chardon") sold Proman Tool Flashlights containing the heavy metal lead in the State of...
August 18, 2011
Lead
Consent Judgment
On August 18, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. U.S. Tape Company, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant U.S. Tape Company, Inc. ("U.S. Tape") sold tape measures with grips containing the heavy metal lead in the State of California without providing the requisite...