Englander v. Idea Nuova, Inc.

Citizen enforcer Peter Englander’s allegations against defendant Idea Nuova, Inc. (“Idea Nuova”) were resolved on November 6, 2013, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Idea Nuova sold padded upholstered 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, Idea Nuova agreed not to sell any ottomans in California after March 31, 2014, unless the ottomans contains no more than 25 parts per million of TDCPP when analyzed using state or federally approved testing methodologies. Additionally, Idea Nuova agreed to provide its vendors with the reformulation standards by November 15, 2013, and instruct them to provide ottomans that complies expeditiously.  Ottomans currently existing in Idea Nuova’s inventory may be sold with Proposition 65 warnings provided.  Should Idea Nuova provide written certification that all ottomans sold in California after November 29, 2013 qualify as reformulated, Englander agreed to waive a portion of the civil fine. 

The Consent Judgment requires settlement payments of $104,000, 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.