Englander v. KidKraft, LP

Posted: 02/03/2014  browse the case archive

In the enforcement action Englander v. KidKraft, LP, et al., citizen enforcer Peter Englander’s allegations against defendant KidKraft, LP (“KidKraft”) were resolved on February 3, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that KidKraft sold padded upholstered children’s chairs and ottomans with foam padding containing the flame retardants tris(2-chloroethyl) phosphate (“TCEP”) and 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, KidKraft agreed not to sell any children’s chairs or ottomans in California after December 31, 2014, unless the furniture contains no detectable amount of TCEP and TDCPP when analyzed using state or federally approved testing methodologies.  Additionally, KidKraft agreed to provide its manufacturers and suppliers with the reformulation standards by February 7, 2014, and instruct them to provide children’s chairs and ottomans that comply expeditiously.  Children’s chairs and ottomans currently existing in KidKraft’s inventory must be sold with Proposition 65 warnings provided.  Should KidKraft provide written certification that all children’s chairs and ottomans sold in California after November 1, 2013 qualify as reformulated, Englander agreed to waive a portion of the civil fine.  Additionally, Englander provided a credit for extending the breadth of reformulation, among other credits available, if KidKraft should provide written certification that all furniture sold in California after March 31, 2014, contains no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TCEP and TDCPP requirements.

The Consent Judgment requires settlement payments of $69,000, 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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