Englander Obtains Agreement with Costco Regarding Furniture

Posted: 06/12/2014  browse the blog archive
Englander Obtains Agreement with Costco Regarding Furniture

Thanks to TCG client Peter Englander, Costco has agreed to only sell furniture from supplier Whalen Furniture Manufacturing, that virtually eliminates two toxic chemicals, tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”).  TDCPP is a flame retardant chemical known to the State of California to cause cancer, while DEHP is a phthalate known to the State of California to cause birth defects and reproductive harm.  Englander alleged that Costco violated Proposition 65 by selling furniture in California that contained TDCPP and DEHP without first providing a health hazard warning.

As part of the agreement, Costco agreed that the furniture it receives from its supplier shall be reformulated to be virtually free of TDCPP and DEHP.  Costco will also pay civil penalties of $53,000, three-quarters of which are paid to the State of California, to enhance public health and the environment.  Should Costco meet its commitment six weeks early and/or ensure that the furniture is free of another Proposition-65 listed flame retardant, tris(2,3-dibromopropyl)phosphate (TDBPP), Englander agreed to waive portions of the civil fine.  For more information about the agreement, please see the case summary on the website.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65.  Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings.  The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.