By: Anne Marie Ellis
It has been over six weeks since the new changes to California’s Proposition 65 (“Prop 65”) took effect. This update summarizes my review of the recent 60-day Notices of Violation. The Plaintiff’s bar is out with a vengeance, targeting all types of consumer products, with a sharp focus on products containing phthalates – DINP, DEHP and DBP. There have also been numerous notices filed related to “Designated Smoking Areas” which is one of the specifically enumerated places where the new warnings must be placed. This is one example of “low hanging fruit”– because the only thing Plaintiffs have to do is look for a sign. If the required sign is not there or the warning is incorrect, your business will undoubtedly receive a notice of violation.
The food and supplement industry is also vulnerable right now. Many of the recent notices involve spices, nut butters and dietary supplements. For the automotive industry, a notice was filed against Pep Boys for selling vehicle lights with suction cups that contain DEHP. In the true consumer products arena, pouches, bags, goggles, earmuffs, earbuds/cords, hangers and backpacks are all subject to violations largely related to vinyl components and the alleged presence of phthalates.
You will note that the most prolific filer is Anthony Ferreiro, represented by Brodsky & Smith. Out of the 42 Notices of Violation identified below, he has filed 12 Notices. The runner up is Consumer Advocacy Group, Inc. represented by Yeroushalmi & Yeroushalmi. They have filed 8 Notices of Violation.
For questions regarding monitoring filings against your business or interest in tracking a specific industry, please see contact information below.
| PRODUCT |
CHEMICAL |
NOTICING PARTY |
| Ace Hot Water Nozzle with Rear Trigger |
Lead and lead compounds |
Kingpun Chen |
| Adventure Medical Kits Mountain Explorer First Aid Kit |
DEHP |
Anthony Ferreiro |
| Apron |
DEHP |
Anthony Ferreiro |
| Axis clothing hangers |
DINP |
Anthony Ferreiro |
| Baby Banz Mini Earmuff |
DINP |
Anthony Ferreiro |
| Bin Warehouse Fold-A-Totes |
DEHP |
Anthony Ferreiro |
| Cacoco – Drinking Chocolate |
Cadmium |
Erika McCartney |
| Candle Holders With Handles |
DEHP |
Dennis Johnson |
| Citrus Juicer |
DEHP |
Consumer Advocacy Group, Inc. |
| Compass Design Bag |
DEHP |
CA Citizen Protection Group, LLC |
| Curry Powder |
Lead and lead components |
Consumer Advocacy Group, Inc. |
| Daiso Colorato Pouch with Clear PVC window |
DEHP |
Sara Hammond |
| Damask Closet Storage Bin- Clear Plastic |
DEHP |
Anthony Ferreiro |
| Dietary Supplements |
Lead and lead compounds |
Environmental Research Center |
| Dietary Supplements |
Arsenic |
Environmental Research Center, Inc. |
| Dumbbells |
DEHP |
Ecological Alliance, LLC |
| Dwell Studio Pet Carrier |
DEHP |
Precila Balabbo |
| Earbuds (cords) |
DEHP |
Center for Advanced Public Awareness, Inc. |
| ECO Mask and Snorkel |
DINP |
Ema Bell |
| Environmental Tobacco Smoke (ETS) and Designated Smoking Area (Hookah) |
Tobacco Smoke |
Kim Embry |
| Gloves With Vinyl/PVC Components |
DEHP |
Center for Advanced Public Awareness, Inc. |
| Goggles With Vinyl Components |
DEHP |
Anthony Held, Ph.D., P.E. |
| Golden Stag All Purpose Gloves |
DEHP |
Anthony Ferreiro |
| GoTravel Pouch with PVC Window |
DINP |
Sara Hammond |
| Ground Cinnamon, Ground Sage |
Arsenic |
Consumer Advocacy Group, Inc. |
| Ground Oregano |
Arsenic |
Consumer Advocacy Group, Inc. |
| Kirkland Signature Organic Creamy Peanut Butter/Almond Butter |
Acrylamide |
Center for Food Safety |
| Lalizas Rectangular Flexible Water Tank |
DINP |
Anthony Ferreiro |
| Light Cords |
DEHP |
Center for Advanced Public Awareness, Inc. |
| Luggage tag |
DEHP |
Hunter Bolding |
| Mojo Flock Flicker Bag |
DEHP |
Anthony Ferreiro |
| Novelty Clip-Ons With Vinyl/PVC Components |
DEHP, DINP |
Consumer Advocacy Group, Inc. |
| Olivia Miller Glitter Backpack |
DEHP |
Gabriel Espinosa |
| Plastic Cosmetic Bag |
DINP |
Consumer Advocacy Group, Inc. |
| Plastic Flip Flops |
DEHP, DINP, DBP |
Consumer Advocacy Group, Inc. |
| Rolling Papers |
Carbon Monoxide |
Jennifer Fishman |
| Rustic Ridge Hip Wader- Nylon/PVC |
DEHP |
Anthony Ferreiro |
| Shears |
DINP |
Ecological Alliance, LLC |
| Slalom Waterski Buoy |
DINP |
Anthony Ferreiro |
| Vehicle lights with plastic suction cups |
DEHP |
Consumer Advocacy Group, Inc. |
| WayPoint Heavyweight Dry Pak |
DEHP |
Anthony Ferreiro |
Wolverine Car Seats Cover Seat –
Clear Plastic Case |
DEHP |
Anthony Ferreiro |
Anne Marie Ellis is a Senior Counsel in the Firm’s Orange County office. She focuses her practice on product liability, commercial litigation, regulatory compliance and client counseling. She has significant experience defending all types of consumer products including motor vehicles, motorcycles, off-road vehicles, sporting goods equipment, power tools, exercise equipment, restaurants and amusement park venues. She can be reached at (949) 224-6223 or [email protected]
This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that reader. For more information, visit www.buchalter.com.
