Paints, Solvents & Adhesives

Paints, Solvents & Adhesives

The State of California regulates the chemical toluene because it has been shown to cause birth defects and other reproductive harm.  Toluene is commonly used in the manufacturing of solvents, paints, paint thinners, silicone sealants, many chemical reactants, rubber, printing ink, adhesives (glues), lacquers, leather tanners, and disinfectants. 

In 1993, a public interest group represented by the founder of The Chanler Group investigated and commenced a ground-breaking enforcement action against companies such as Sherwin-Williams, Ace Hardware, DEP and Testor and retailers including Kmart, Home Depot, and Grand Auto, that sold spray paints and adhesives containing the toxic solvent toluene.  The group alleged that these companies were violating Proposition 65 by failing to provide warnings to California consumers that millions of units of these products contained excessive levels of toluene. 

In this unprecedented settlement reached with Sherwin-Williams and thirty-seven other companies, the companies agreed to significantly reformulate their products, including developing water-based spray paints. They also agreed to implement a warning program in compliance with Proposition 65.

Additionally, the research and investigation materials developed by the public interest group were utilized by the California Attorney General to file an enforcement action against Sherwin-Williams.  As a result, Sherwin-Williams and three other companies agreed to settlement terms requiring Proposition 65 warnings for products that contained a maximum of 13,000 micrograms of toluene, which amounts to less than 1% toluene content in a typical 16-ounce can of spray paint. 

Today, The Chanler Group's clients continue their efforts to protect the health and safety of all California consumers against similar exposures by investigating products for the presence of toluene and other chemicals. 

To review legal agreements which The Chanler Group's clients have reached with companies that sell spray paints, solvents and adhesives, please see the cases below.

firm casework - enforcement

February 15, 1995
Toluene
Consent Judgment
The Marin County Superior Court approved the terms of the January 30, 1995 settlement agreed to by Proposition 65 private enforcer and whistleblower, As You Sow, and paint and coatings manufacturer, House of Kolors, Inc. ("HOK") on February 15, 1995. The settlement resolves AYS' claim that HOK violated Proposition 65 when it sold certain urethane base coats...
February 10, 1995
Consent Judgment
Proposition 65 private enforcer and whistleblower, As You Sow, and lithographic printing and pressroom products manufacturer, Hurst Graphics, Inc. ("Hurst"), entered a settlement agreement on February 10, 1995, resolving AYS' allegations that the lithographic printing and pressroom products manufacturer sold certain chemicals used in the printing industry...
February 3, 1995
Toluene
Consent Judgment
The Marin County Superior Court approved the settlement terms agreed to by Proposition 65 private enforcer and whistleblower, As You Sow, and paint and coatings manufacturer, Pro-Line Paint Company ("Pro-Line") on February 3, 1995. The settlement resolved AYS' claim that Pro-Line violated Proposition 65 when it sold certain paint, boat repair and coating...
January 24, 1995
Toluene
Consent Judgment
Proposition 65 private enforcer and whistleblower, As You Sow, and plastic products manufacturer, Ralph Wilson Plastics Company ("RWP") reached terms on January 24, 1995, resolving AYS' allegations that the plastic manufacturer sold adhesives containing toluene without providing a health hazard warning in violation of Proposition 65. Toluene is listed...
December 28, 1994
Consent Judgment
The Marin County Superior Court entered a Judgment according to the terms agreed to in a December 28, 1994, settlement between Proposition 65 Private enforcer and whistleblower, As You Sow, and distributor of chemicals used to manufacture plastics, Plastic Process Equipment, Inc. The February 15, 1995, stipulated judgment resolved pending litigation and AYS's claims...
November 2, 1994
Consent Judgment
In a settlement reached on October 21, 1994, and entered by the Marin County Superior Court as a judgment on November 2, 1994 (Case No. CIV161844), Proposition 65 private enforcer and whistleblower, As You Sow, and chemicals manufacturer, BASF Corporation, settled pending litigation and resolved AYS's claims regarding alleged violations of Proposition 65 by BASF. The...
October 28, 1994
Toluene
Consent Judgment
In a stipulated judgment agreed to by the parties and entered by Marin County Superior Court on April 6, 1995, Proposition 65 whistleblower and private enforcer, As You Sow, and ink and marking products manufacturer, Diagraph Corporation, reached a resolution of the claims alleged in AYS' October 28, 1994, 60-day notice of violation of Proposition 65 to Diagraph, and...
October 14, 1994
Consent Judgment
Proposition 65 private enforcer and whistleblower, As You Sow, and distributor of boat repair and coating products, Gougeon Brothers, Inc., reached an agreement on May 22, 1995, resolving allegations made by AYS in its October 14, 1994, 60-day notice of violation that Gougeon sold solvents containing perchloroethylene and methylene chloride without providing the health...