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 29, 1996
Benzene, Toluene
Consent Judgment
A Stipulated Judgment entered by the San Francisco Superior Court in As You Sow v. Monsanto Company, et al., Case No. CGC-96-975872, on February 29, 1996, concluded litigation between private Proposition 65 enforcer and whistleblower As You Sow and chemical manufacturer Monsanto Company. The settlement resolved AYS's claims that Monsanto sold certain adhesives...
February 23, 1996
Consent Judgment
In a Stipulated Judgment entered by the San Mateo County Superior Court (Case No. CIV-394326) on February 23, 1996, Proposition 65 private enforcer and whistleblower As You Sow and paint and paint-products manufacturer Akzo Nobel Corporation resolved five 60-day Notices of Violation of Proposition 65 that AYS served on Akzo between July 29, 1994, and August 7, 1995. The...
February 23, 1996
Consent Judgment
On February 23, 1996, the San Mateo Superior Court entered a Stipulated Judgment according to the terms of the settlement agreed to by Proposition 65 private enforcer and whistleblower As You Sow and industrial chemical manufacturer Hysan Corporation. The settlement and judgment resolved AYS's allegations that Hysan sold certain products, including solvents used in...
January 31, 1996
Consent Judgment
In a Stipulated Judgment agreed to by the parties and entered by San Francisco Superior Court on January 31, 1996, Proposition 65 whistleblower and private enforcer As You Sow and paint products manufacturer Talsol Corporation resolved the claims alleged in AYS’s March 17 and June 23, 1995 60-Day Notices of Violation of Proposition 65.  AYS’s claims...
January 24, 1996
Consent Judgment
A Consent Judgment in the As You Sow v. Ellis Paint Company, et al. matter, heard in the San Mateo County Superior Court was entered on January 24, 1996. The Consent Judgment resolved private enforcers As You Sow's allegations that the defendant Ellis Paint Company ("Ellis") sold paint and solvents containing benzene, chromium (hexavalent compounds),...
January 22, 1996
Consent Judgment
A Consent Judgment in the As You Sow v. Forrest Paint Company, et al. matter, heard in the San Francisco County Superior Court, was entered on January 22, 1996. The Consent Judgment resolved private enforcer As You Sow's allegations that the defendant Forrest Paint Company ("Forrest") sold paints and solvents containing crystalline silica and toluene (...
January 10, 1996
Consent Judgment
A Consent Judgment in the As You Sow v. Emerson & Cuming, Inc., et al. matter, heard in the Marin County Superior Court, was entered on January 10, 1996. The Consent Judgment resolved private enforcer As You Sow's allegations that the defendant Emerson & Cuming, Inc. ("Emerson") sold adhesives, encapsulants, coatings and sealants containing toluene,...
January 1, 1996
Consent Judgment
The Superior Court of California in and for the county of San Francisco entered a Consent Judgment in 1995 in As You Sow v. Hurst Graphics, Inc., et al., which resolved private enforcer As You Sow's allegations that the defendant Hurst Graphics sold certain paints and solvent products containing toluene, methylene chloride, trichloroethylene, and/or sodium dichromate...