TCG Client Obtains Reformulation Agreement with Staples Regarding Flame Retardants

Thanks to TCG client Laurence Vinocur, Staples has agreed to only sell seat/back cushions that are reformulated to virtually eliminate the toxic flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP), a chemical known to cause cancer.  Vinocur alleged that Staples violated Proposition 65 by selling seat/back cushions that contain TDCPP in California without providing a health hazard warning.

Under Proposition 65, companies offering products for sale in California that contain chemicals known to cause cancer or reproductive harm must provide a health hazard warning.

As part of the agreement, Staples agreed to notify its vendors to sell only cushions that are reformulated to be virtually free of TDCPP.  Staples will also pay civil penalties of $86,000, 75 percent of which are paid to California’s Office of Environmental Health Hazard Assessment.  Should Staples complete reformulation four months early and/or ensure that the cushions are free of another Proposition-65 listed flame retardant, tris(2,3-dibromopropyl)phosphate (TDBPP), Vinocur will waive portions of the civil penalties.  For more information about the agreement, please see the case summary on TCG’s website.

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.