Staples Certifies to Vinocur That It Now Sells Only Seat Cushions Free of Toxic Flame Retardants

TCG client Laurence Vinocur has received certification from Staples that the company has removed all remaining seat and back cushions containing tris(1,3-dichloro-2-propyl)phosphate (TDCPP) and/or tris(2-chloroethyl)phosphate (TCEP) from its inventory and , as of July 11, 2014, distributes and sells only seat and back cushions that are virtually free of TDCPP and TCEP.

TDCPP and TCEP are chemicals known to the State of California to cause cancer, and companies offering products for sale that contain TDCPP and/or TCEP must provide consumers with a health hazard warning.  Last year, Vinocur filed a complaint against Staples alleging that the company was in violation of Proposition 65 by failing to provide health hazard warnings for seat and back cushions that contained TDCPP.

The settlement agreement in Vinocur v. Staples, Inc., provides that Staples will receive a partial penalty waiver for removing its current inventory of seat and back cushions containing TDCPP and TCEP prior to July 14, 2014.

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.