Englander v. The Best Master Enterprises, Inc.

In the enforcement action Englander v. Ashley Furniture Industries, Inc., et al., citizen enforcer Peter Englander’s allegations against defendant The Best Master Enterprises, Inc. (“Best Master”) were resolved on August 3, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Best Master sold padded upholstered chairs with foam padding containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and chairs with vinyl upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Best Master agreed not to sell any chairs in California after September 15, 2014, unless the chairs contain no detectable amount of TDCPP, tris(2,3-dibromopropyl)phosphate (“TDBPP”) or tris(2-chloroethyl) phosphate (“TCEP”) and no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Chairs currently existing in Best Master’s inventory must be sold with Proposition 65 warnings provided.  Should Best Master provide written certification that all chairs sold in California after September 1, 2014 qualify as reformulated, Englander agreed to waive a portion of the civil fine; the settlement contained additional actions that, should Best Master complete within the stipulated timelines, would result in the waiver of additional portions of the civil fine.

The Consent Judgment requires settlement payments of $48,500, 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.