Chinese manufacturers must reformulate products sold in California

Chinese manufacturers selling to California consumers will have to reformulate their products following a settlement reached in Santa Clara County Superior Court, according to an attorney who negotiated the agreement. The agreement, approved by Judge James Stoelker, requires DAP Inc., a large Chinese manufacturer, to reformulate consumer products to comply with California’s Proposition 65 right-to-know toxics law.

DAP Inc. manufactures millions of handle grips used on hand tools and tape measures that are sold throughout the United States by TARGET Stores. Those products were found to include the reproductive toxicant di(2-ethylhexyl)phthalate (DEHP), which is regulated under Proposition 65. The manufacturer has now agreed to remove the hazardous chemical.

“If Chinese companies sell products in the United States, they must abide by our consumer protection laws,” said Cliff Chanler, the attorney who negotiated the agreement.  

Last month the Chanler Group became the first law firm to successfully use an American federal or state law as a basis for international prosecution of a Chinese company to attain a toxic product reformulation..

The agreements require the Chinese companies to reformulate every product at issue to eliminate DEHP and to pay civil penalties totaling as much as $65,000, 75 percent of which will go to the State of California to protect and enhance public health and the environment.

Chanler says he expects that additional Chinese manufacturers will be held accountable for the safety of products sold to American consumers, indicating that yet another toxic materials settlement will be reached shortly.