Englander v. Lifestyle Solutions, Inc.

Posted: 10/11/2013  browse the case archive

Citizen enforcer Peter Englander’s allegations against defendant Lifestyle Solutions, Inc. (“Lifestyle”) were resolved on October 11, 2013, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Lifestyle sold padded upholstered ottomans with foam padding containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and vinyl/PVC coffee tables containing 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, Lifestyle agreed not to sell any ottomans or tables in California after March 31, 2014, unless the ottomans and tables contain no more than 25 parts per million of TDCPP and tris(2-chloroethyl) phosphate (“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, Lifestyle agreed to provide its vendors with the reformulation standards by October 15, 2013, and instruct them to provide ottomans and tables that comply expeditiously.  Ottomans and tables currently existing in Lifestyle’s inventory may be sold with Proposition 65 warnings provided.  Should Lifestyle provide written certification that all ottomans and tables 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 Lifestyle should provide written certification that all ottomans and tables sold in California after March 31, 2014, contain no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TCEP, TDCPP and DEHP requirements.

The Consent Judgment requires settlement payments of $71,000, 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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