Englander v. FKA Distributing Co., LLC; HoMedics USA, LLC; SI Products, LLC

Posted: 09/08/2014  browse the case archive

On September 8, 2014, citizen enforcer Peter Englander resolved his allegations against settling parties FKA Distributing Co., LLC, HoMedics USA, LLC, and SI Products, LLC when the parties executed an out-of-court Settlement Agreement.  In this matter, Englander alleged that FKA, HoMedics, and SI sold massage pillows 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, FKA, HoMedics, and SI agreed not to sell any massage pillows in California after September 10, 2014, unless the pillows contain no detectable amount of TDCPP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Additionally, the settling parties agreed to provide their vendors with the reformulation standards by September 10, 2014, and instruct them to provide pillows that comply expeditiously.  Pillows currently existing in the settling parties’ inventories must be sold with Proposition 65 warnings provided.  Should the settling parties provide written certification that all massage pillows sold in California after October 1, 2014 qualify as reformulated, Englander agreed to waive a portion of the civil fine.  The Settlement Agreement includes additional penalty waivers which are available should the settling parties complete other optional forms of injunctive relief.

The Settlement Agreement requires settlement payments of $65,000, 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.  

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