Z Gallerie Joins Dozens of Other Companies in Eliminating Flame Retardants from Furniture

Peter Englander and Dr. Anthony Held, two clients of The Chanler Group, negotiated an agreement with Z Gallerie last month to ensure that Z Gallerie’s chairs are free of the carcinogenic flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and reproductive toxicant di(2-ethylhexyl)phthalate (“DEHP”).  The chairs were sold throughout California.

The plaintiffs alleged that Z Gallerie violated Proposition 65 by selling chairs that contain TDCPP and/or DEHP 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, Z Gallerie agreed to reformulate all of its chairs to virtually eliminate TDCPP and DEHP, and will notify its vendors to sell only the reformulated products.  Z Gallerie will also pay civil penalties of $45,000, 75 percent of which are earmarked for California’s Office of Environmental Health Hazard Assessment.   As an incentive for comprehensive reformulation, Englander and Held will waive a portion of the civil fine should Z Gallerie certify that the chairs are free of another toxic flame retardant, tris(2,3-dibromopropyl)phosphate (“TDBPP”). 

For more information about the agreement, please see the case summary on the website. Z Gallerie has more than fifty locations across the United States.

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.