Englander Reaches Agreement with COA Re: Flame Retardants in Furniture

Peter Englander has negotiated a settlement agreement with COA, Inc. in regards to alleged violations of Proposition 65.  Englander alleged that COA sold upholstered furniture with foam padding containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-chloroethyl) phosphate (TCEP) and stools with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (DEHP) without the requisite health hazard warnings.  TDCPP and TCEP are chemicals known to the State of California to cause cancer, while DEHP is known to cause birth defects or other reproductive harm.  Companies offering products for sale in California that contain such chemicals must provide consumers with a “clear and reasonable” warning.

In addition to paying $74,000 of civil penalties, COA has agreed not to sell any padded upholstered furniture or stools with vinyl/PVC upholstery in California unless the products have been reformulated to be virtually free of TDCPP, TCEP, DEHP, butyl benzyl phthalate (BBP), and di-n-butyl phthalate (DBP).  Should COA accelerate reformulation and provide The Chanler Group with certification that that all furniture sold in California after January 31, 2015 qualifies as reformulated, Englander agreed to waive a portion of the civil penalties.  Seventy-five percent of civil penalties go to the State of California to further public interest and the environment.

For more information, please see the case summary and settlement on our website: Englander v. COA, Inc.

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.