Englander v. Best Chairs, Inc.

Citizen enforcer Peter Englander’s allegations against defendant Best Chairs, Inc. (“Best”) were resolved on July 17, 2015, when the parties entered into a Consent Judgment.  In this matter, Englander alleged that Best sold products with foam-cushioned components containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Best represents that since October 28, 2012 and continuing into the future, it has and shall not sell in California any products with foam-cushioned components unless the products contain no detectable amount of TDCPP when analyzed using state or federally approved testing methodologies. Additionally, Best represents that it provided written notice to its vendors on or before October 2012, instructing each such vendor to provide Best with only foam meeting the above reformulation standard.  Products with foam-cushioned components currently existing in Best’s inventory that does not meet the reformulation standards must be sold with Proposition 65 warnings provided.  Englander has agreed to waive a portion of the civil penalty for extending the breadth of reformulation should Best provide written certification that all products with foam-cushioned components sold in California after January 1, 2015, contain no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TDCPP requirement.

The Consent Judgment requires settlement payments of $98,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Englander and his counsel for their successful enforcement of this matter in the public interest.