Englander v. Bexco Enterprises, Inc.

In the enforcement action Englander v. Bexco Enterprises, Inc., et al., citizen enforcer Peter Englander’s allegations against defendant Bexco Enterprises, Inc. (“Bexco”) were resolved on June 20, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Bexco sold padded upholstered furniture including chairs and ottomans with foam padding 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, Bexco agreed not to sell any padded furniture in California after the Alameda County Superior Court approves the Consent Judgment, unless the furniture contains no detectable amount of TDCPP, tris(2-chloroethyl) phosphate (“TCEP”), or tris(2,3-dibromopropyl)phosphate (“TDBPP”) when analyzed using state or federally approved testing methodologies.  Additionally, Bexco agreed to provide its vendors with the reformulation standards and instruct them to provide furniture that complies expeditiously.  Furniture currently existing in Bexco’s inventory must be sold with Proposition 65 warnings provided.  Should Bexco provide written certification that all furniture sold in California after October 1, 2014 qualifies as reformulated, Englander agreed to waive a portion of the civil fine. 

The Consent Judgment requires settlement payments of $70,000, 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.