Enforcing the Public's Right to Know of the Presence of Toxic Chemicals in its Furniture

During 2012, TCG clients Peter Englander and Laurence Vinocur initiated investigations into products suspected of containing the flame retardant tris phosphate--more formally tris(1,3-dichloro-2-propyl) phosphate (TDCPP)--a chemical known to the State of California to cause cancer. Englander and Vinocur have identified dozens of furniture products containing TDCPP, including padded chairs, padded upholstered furniture, ottomans, footstools, and storage benches. Between December 2012 and January 2013, Englander and Vinocur issued a combined 74 notices, with more planned, to multiple companies in an effort to obtain agreements from numerous furniture manufacturers and sellers to adopt an industry-wide standard to reformulate furniture products to eliminate or drastically reduce the presence of TDCPP. Englander and Vinocur are optimistic they can achieve such a change, based on the past successes of their legal team at The Chanler Group, which has successfully negotiated for reformulation of other types of products, such as in the beverageware industry, resulting in the reduction or elimination of the presence of chemicals known to cause cancer or reproductive harm.

Most recently, TCG obtained an unparalleled settlement with over 100 companies in the fashion accessory industry, resulting in the adoption of reformulation standards to virtually eliminate the presence of lead and phthalates from consumer products sold in California, and payment of millions of dollars in civil penalties to the State of California. See Fashion Accessory Industry Settlement