The U.S. Consumer Product Safety Commission (CPSC) has issued a recall for Dr. Martens unisex Vegan 1460 boots because the lining contains benzidine, a chemical that can cause irritation after prolonged contact.
Benzidine is a chemical listed under California’s Prop 65 which requires companies to include a warning if their product contains a listed chemical. Benzidine was formerly used to test for blood and to produce dyes. The Prop 65 website says that the chemical is no longer produced or imported to the United States; however, benzidine-based dyes may be imported.
Those who are exposed to benzidine may experience rashes, swelling, blisters, and skin allergies. Under Prop 65, benzidine is also listed as causing cancer.
According to the CPSC recall of the Dr. Martens product, the Doc Martens boot was sold in a cherry red color. “The boots have a chunky sole and a golden heel pull tab with ‘AirWair’ printed on it. ‘Made in Vietnam’ and product code 14585 are printed on the tongue label with the batch code starting with ‘GV’ and ending in Q, R or S,” notes the recall. Approximately 30,000 boots were sold in the U.S. and another 900 were sold in Canada.
The boots were sold at Dr. Martens and Journey stores as well as at independent retailers nationwide and online from January 2015 through July 2017. The Doc Marten boots retailed at $125.00.
Owners should stop using their boots and contact Dr. Martens for a refund or replacement. Dr. Martens can be reached by phone at 800-460-3930 or by email at firstname.lastname@example.org. The company also offers a “Product Recall” link on its website, www.drmartens.com.
Prop 65 Lawsuits
Chemicals listed under Prop 65, such as benzidine, are known to cause cancer, birth defects or other reproductive harm. Under Prop 65, the State of California must maintain a list of chemicals known to be hazardous. Companies who use chemicals listed under Prop 65, like benzidine, must include a warning on their product. The law also prohibits companies from releasing Prop 65 chemicals into the water supply.
Under California law, companies who fail to include a Prop 65 warning are subject to steep fines, up to $2,500 per violation per day. Additionally, individuals may file Prop 65 lawsuits against companies that fail to warn them about the dangerous chemicals in their products.
Individuals who wish to file a Prop 65 lawsuit should contact an experienced attorney. The procedure for filing a Prop 65 lawsuit is very specific; first, the California Attorney General’s Office must be notified and provided copies of all documents as soon as the lawsuit is filed. The Attorney General’s Office must also be notified of any settlement agreements, so they can notify the public of the outcome of the case.
If you want to file a Prop 65 lawsuit, you should contact an experienced Prop 65 attorney to help navigate the process. The lawyers at Bradley/Grombacher have experience in helping consumers hold companies accountable for misconduct. Obtain a free review of your potential Prop 65 lawsuit by filling out the form on this page now.