Englander v. L. Powell Acquisition Corp. and Linon Home Decor Products, Inc.

Citizen enforcer Peter Englander’s allegations against defendants L. Powell Acquisition Corp. and Linon Home Décor Products, Inc. (collectively “Linon”) were resolved on November 21, 2013, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Linon sold padded upholstered stools with foam padding containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and padded upholstered chairs containing the flame retardants TDCPP and tris(2-chloroethyl) phosphate (“TCEP”) and 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, Linon agreed not to sell any covered furniture in California after March 31, 2014, unless the furniture contains no detectable amount of TDCPP and TCEP and no more than 1,000 parts per million of DEHP, DBP, and BBP when analyzed using state or federally approved testing methodologies. Additionally, Linon agreed to provide its vendors with the reformulation standards by October 15, 2013, and instruct them to provide furniture that complies expeditiously.  Furniture currently existing in Linon’s inventory must be sold with Proposition 65 warnings provided.  Should Linon provide written certification that all covered furniture sold in California after November 1, 2013 qualifies 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 Linon should provide written certification that all covered furniture sold in California after March 15, 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 $155,000, 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.