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

August 26, 1994
Consent Judgment
Whistleblower and private Proposition 65 enforcer, As You Sow, reached settlement terms with CCL Customer Manufacturing, Inc., a manufacturer of adhesives, paints, primers, coatings, sealers, cleaners, lubricants and other products that AYS alleged contained chemicals listed pursuant to Proposition 65 and known to cause cancer and reproductive harm or birth defects,...
July 29, 1994
Consent Judgment
Proposition 65 private enforcer As You Sow, and chemical manufacturer, Ezon, Inc. d/b/a Master Corporation, resolved As You Sow's claims as alleged in the July 29, 1994 60-day notice of violation of Proposition 65. As You Sow, the nonprofit whistleblower, served Master Corp. and settled pending litigation between the parties. In its notice of violation and complaint,...
March 21, 1994
Toluene
Consent Judgment
In a settlement reached between Proposition 65 Private enforcer and whistleblower, As You Sow, and paint and coatings manufacturer, United Coatings, Inc., and its retail customer, WalMart Stores, Inc. on March 21, 1994, the parties agreed to terms settling AYS's claims that United and WalMart violated Proposition 65 by failing to warn consumers and other individuals...
January 7, 1994
Toluene
Consent Judgment
Proposition 65 Private enforcer and whistleblower, As You Sow, and adhesives and solvent distributor, Quabaug Corporation, entered a settlement agreement on January 7, 1994, that resolved AYS's claims that Quabaug violated Proposition 65 when it failed to warn consumers and other individuals of the health hazards associated with exposures to toluene in its solvent and...
March 27, 1992
Methylene Chloride
Consent Judgment
In the enforcement action Environmental Defense Fund v. Tru-Test Manufacturing Co., the Honorable Stuart R. Pollak of the San Francisco County Superior Court entered a Consent Judgment on March 27, 1992.  In this matter, the not-for-profit organization Environmental Defense Fund (“EDF”), represented by Cliff Chanler, alleged that the defendant Tru-Test...