Hooker Furniture Certifies That They Sell Only Reformulated Products

Hooker Furniture has certified to Peter Englander and The Chanler Group that as per the terms of their Settlement Agreement, Hooker now manufactures or imports for distribution or sale in California only ottomans and other furniture that are virtually free of the flame retardant chemicals tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-chloroethyl) phosphate (TCEP).   Hooker also opted to extend the breadth of their reformulation to include tris (2,3-dibromopropyl)phosphate (TDBPP) for an additional penalty waiver.

TDCPP, TCEP, and TDBPP are all chemicals known to the State of California to cause cancer.  Under Proposition 65, companies offering products for sale in California that contain such chemicals must provide consumers with a “clear and reasonable” health hazard warning.  Englander filed a complaint against Hooker for Proposition 65 violations in 2013 and reached a settlement that same year, wherein Englander agreed to waive portions of the civil penalty should Hooker reformulate its products to be virtually free of TDCPP, TCEP, and TDBPP.

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.