Prop. 65 Plaintiffs' Group Scores Big in Fee Award Cases

October 31, 1995

The San Francisco based group As You Sow, led by attorney Clifford Chanler, has received an award of substantial attorneys' fees from a San Francisco Superior Court judge as result of two successful cases under Proposition 65. As You Sow received over $48,000 of total fees and costs for preparing and moving forward with a case prosecuting The R.J. McGlennon Company for selling paint containing toluene without the required Prop. 65 warning. McGlennon settled the case and agreed to label future products with a standard Prop. 65 warning indicating that the chemical was known to cause cancer and birth defects in the State of California. As You Sow was also awarded $214,749 for their spade work that supported the Attorney General's action in prosecuting multiple paint manufacturers, including Sherwin Williams.

Source: 
California Environmental Insider
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Nail-Polish Makers Settle Suits Involving Toluene in Products

July 7, 1993

Four nail-polish manufacturers have settled lawsuits with As You Sow involving illegal chemical use in their products. As You Sow, an environmental group, sued Revlon Inc., Pavlon Ltd., Jonel, and Artmatic USA Cosmetics for use of toluene, a chemical known to cause birth defects. The companies have settled, agreeing to stop using toluene in their products and halt distribution of toluene-containing nail polishes in California. As You Sow has filed suit against a total of forty-three nail-polish manufacturers.

Source: 
Wall Street Journal

New booklet lists lead-safe ceramic ware

March 1, 1995

Historically, ceramic dishware has been coated with a glaze containing lead that can potentially be leaked into food, be consumed and may cause clinical lead poisoning. However, due to California's strict laws controlling toxic substances, the use of lead glazes in the industry has significantly dropped. More than 8,000 patterns are currently lead-safe. The Environmental Defense Fund, who have sued multiple major ceramic-ware manufacturers for this violation, issued the latest edition of its brochure, "What You Should Know About Lead in China Dishes" which identifies lead-safe patterns and at home methods to check lead levels.

Source: 
Consumer Reports
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Manufacturers of Nail Polish Named in Suit

April 13, 1993

As You Sow sued major nail polish makers Revlon Inc, Procter & Gamble Co, Chesebrough-Ponds' U.S.A. Co., Elizabeth Arden and Max Factor & Co. for violating state law by not informing consumers, especially pregnant women, of the dangerous side effects of inhaling nail polish fumes containing toluene. This chemical is listed by the state as a reproductive poison and is a key ingredient in nail polish.

Source: 
San Francisco Chronicle
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Judge Awards $215,000 to As You Sow, Denies Defense Bid for Fees

October 25, 1995

A superior court judge has awarded As You Sow nearly $215,000 in attorney's fees and costs in a long-lasting fight with a paint manufacturer. Additionally, Judge Stuart Pollak rejected defendant Cotter & Co's request for reimbursement of their $53,000 in fees to "protect public interest" against the case. "This is an absolute endorsement of the critical role AYS has played in enforcing this toxics law against the chemical industry," said As You Sow attorney, Clifford Chanler. As You Sow has filed suit against several other paint manufacturers alleging failure to adequately warn California consumers that their products contain toluene, a chemical linked to birth defects.

Source: 
The Recorder
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Firms agree to ban on toxins

March 1, 1995

As You Sow prosecuted thirty companies under  terms that the defendants failed to properly warn users about the dangers of toxins in their products, including adhesives and auto paints containing lead, cadmium and chromium. The thirty companies have agreed to stop introducing new products in California with these known toxics. As You Sow also won $1.2 million in penalties, assessments that go to environmental organizations to test for toxins, and reimbursement for the cost of the suits. As You Sow still has suits pending against 50 other companies and has notified 80 more that they will be sued if they do not comply with state laws requiring warnings on products with toxins.

Source: 
Marin Independent Journal

Dairy Can Be Forced To Warn of Food Hazard

March 20, 1992

For the first time, a state appeal court has upheld the ruling of California trial judges to require warning labels on food products. In the case Consumers Union v. Alta Dena Certified Dairy, the judge accused the defendant of false advertising and unfair business practice laws, ordering them to warn consumers that raw milk poses severe health risks.

Source: 
Daily Journal

$1 million toxic-paint settlement

March 16, 1994

The attorney general's office and As You Sow both prosecuted Sherwin-Williams, the largest producer of spray paint in California, as well as 38 other companies for violation of Prop 65 by failing to provide a clear warning label on the products that contain toluene, a chemical known to cause cancer. Sherwin-Williams has agreed to pay a $1 million penalty under Prop 65 as settlement. Other companies in violation include Ace Hardware, DAP Products, and ITW-Devcon.

Source: 
San Francisco Examiner
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Suits Target Cancer Risk of Paint Stripper

March 25, 1992

In a series of lawsuits brought under Proposition 65, three paint stripper manufacturing companies were forced to warn customers of the potential cancer risk of the toxic chemicals used in their production or to stop distributing the products in California. The multitude of lawsuits against violating manufacturers have resulted in the removal of methylene chloride and the introduction of alternative products that do not contain cancer causing ingredients.

Source: 
Los Angeles Times
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Study Finds No Drop in State's Birth Defect Rate

January 24, 1995

In the largest analysis of birth defects undertaken, California officials discovered that despite increases in prenatal care and screening programs, birth defects in the state have not declined.

Source: 
Los Angeles Times
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