Over 70 Companies Certify to Chanler Group That Products Are Free of Toxic Flame Retardants

BERKELEY, Calif.  -- More than 70 furniture manufacturers have certified to The Chanler Group, an environmental law firm based in Berkeley, Calif., that their products sold in California have been reformulated to remove detectable amounts of the carcinogenic flame retardants tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-chloroethyl) phosphate (TCEP).  These certifications encompass a wide range of home and office furniture, including office chairs, ottomans, high chairs, and car seats.

“Our clients don’t want the manufacturers to just pay a monetary penalty and go back to doing what they were doing,” said Josh Voorhees, managing attorney of The Chanler Group.  “We want to instigate concrete change to the environment.  We want these chemicals out of consumer products.”

Under Proposition 65, California’s right-to-know toxics law, companies selling products containing toxic chemicals must notify consumers that the product contains a chemical that may increase their risk of cancer or reproductive harm.  Last year, The Chanler Group’s clients brought enforcement actions against dozens of furniture manufacturers for violations of Proposition 65, many of which resulted in the manufacturers promising to remove the toxic flame retardants from their products. 

The settlements benefit the environment and public health of California by incentivizing the companies to take any of the following steps in exchange for a waiver of a substantial civil penalty amount:

• accelerated reformulation of the products
• the removal of another flame retardant, tris(2,3-dibromopropyl)phosphate (TDBPP)
• withdrawal of unreformulated products from the California market
• termination of distribution of unreformulated products into California 

So far, The Chanler Group has received certifications of compliance with these additional actions from almost 80 companies, meaning that thousands of furniture products sold in California are now reformulated.  See below for a partial list of certifying companies, with more furniture manufacturers expected to provide certifications soon.

The Chanler Group has negotiated hundreds of settlements on behalf of its clients over the years, many of which resulted in industry-wide reformulation, from lead in ceramics to asbestiform fibers in crayons.  Details of each case settlement are available at www.chanler.com.  Mr. Voorhees is available to discuss these cases, as well as the broader issues of hazardous materials in consumer products sold in the U.S.  He can be reached at (510) 848-8880 or at josh@chanler.com.