Hobby Lobby Certifies to Brimer That Products Have Been Reformulated

Hobby Lobby Stores, Inc. has certified to TCG client Russell Brimer that it will distribute, offer for sale, or sell in California or to California customers only ottomans virtually free of the flame retardant chemicals tris(1,3-dichloro-2-propyl)phosphate (TDCPP), tris(2-chloroethyl)phosphate (TCEP), and tris(2,3-dibromopropyl)phosphate (TDBPP).  Hobby Lobby also certified to Brimer that it has notified its suppliers to provide the company with albums and storage bins that are virtually free of the phthalate chemicals di(2-ethylhexyl)phthalate (DEHP), di-n-butyl phthalate (DBP ), and benzyl butyl phthalate (BBP).

TDCPP, TCEP, and TDBPP are chemicals known to the State of California to cause cancer, while DEHP, DBP, and BBP are known to cause birth defects and reproductive harm.  Under Proposition 65, companies offering products for sale in California that contain such chemicals must provide consumers with a health hazard warning.  In 2012 and 2013, Brimer served Hobby Lobby with multiple 60-Day Notices of Proposition 65 Violation, alleging that the retailer was selling products to Californians containing TDCPP and DEHP without providing a “clear and reasonable” warning.  As part of last year’s settlement, Hobby Lobby agreed to sell only reformulated products that were virtually free of TDCPP, TCEP, DEHP, BBP, and DBP.  Brimer agreed to waive a portion of the civil penalties if Hobby Lobby extended the breadth of their reformulation to include the flame retardant TDBPP, which Hobby Lobby has elected to do in this case.

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