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

June 30, 1996
Toluene
Consent Judgment
The Superior Court of California in and for the county of Marin entered a Consent Judgment in 1995 in As You Sow v. United Gilsonite Laboratories, et al., which resolved private enforcers As You Sow’s allegations that the defendant United Gilsonite Laboratories (“UGL”) sold certain paints and solvent products containing toluene in the State of California...
June 1, 1996
Consent Judgment
Proposition 65 private enforcer and whistleblower, As You Sow, and paint and coatings distributor, Valspar Corporation, entered an agreement resolving AYS's allegations that Valspar and Sunbelt sold hundreds of paints and coatings containing toluene, benzene, crystalline silica, lead and other chemicals listed pursuant to Proposition 65 as known to cause cancer,...
May 1, 1996
Chromium, Toluene
Consent Judgment
A May 1, 1996 Judgment entered by the San Francisco Superior Court in As You Sow v. Randolph Products Company, Inc., et al., Case No. CGC-95-971224, resolved the private enforcement action brought by non-profit whistleblower As You Sow against the defendant Randolph for alleged violations of Proposition 65. The enforcement action began on January 9, 1995, when AYS served...
April 10, 1996
Consent Judgment
An April 10, 1996 Stipulated Settlement reached between private Proposition 65 enforcer and whistleblower, As You Sow, and paint and paint products manufacturer, Lenmar, Inc., was approved and entered as a judgment by the San Francisco Superior Court (Case No. CGC-95-973496). The settlement and judgment concluded the pending action and resolved allegations AYS made in a...
April 9, 1996
Consent Judgment
Whistleblower and private Proposition 65 enforcer, As You Sow, reached settlement terms with H.B. Fuller Company, a manufacturer of adhesives, glues, resins, coatings and other products that AYS alleged contain chemicals listed pursuant to Proposition 65 to cause cancer and reproductive harm or birth defects, including toluene, dichloromethane, crystalline silica,...
April 1, 1996
Toluene
Consent Judgment
In 1995, the Superior Court of California in and for the county of San Francisco entered a Consent Judgment in As You Sow v. The Carboline Company, et al., which resolved private enforcer As You Sow's allegations that the defendant Carboline sold certain paints and solvent products containing toluene in the State of California without providing the requisite health...
March 26, 1996
Consent Judgment
The San Francisco Superior Court entered a Stipulated Judgment according to the terms of the settlement reached between nonprofit whistleblower and Proposition 65 private enforcer As You Sow and aerosol products manufacturer Midco Products Company, Inc. The March 26, 1996 judgment (Case No. CGC-95-972689) concluded litigation between the parties and resolved allegations...
March 7, 1996
Consent Judgment
On March 7, 1996, a Stipulated Judgment entered by the San Francisco Superior Court in the matter of As You Sow v. Recochem Industries, Inc., et al., Case No. CGC-95-974391, settled Proposition 65 private enforcer and whistleblower AYS's allegations that solvent manufacturer Recochem violated Proposition 65 by selling paint and varnish removal products containing...