Englander v. Najarian Furniture Company, Inc.

In the enforcement action Englander v. Bassett Furniture Industries, Incorporated, et al., citizen enforcer Peter Englander’s allegations against defendant Najarian Furniture Company, Inc. (“Najarian”) were resolved on July 15, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Najarian sold padded upholstered furniture including chairs 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, Najarian agreed not to sell any furniture in California after March 31, 2014, unless the furniture contains no detectable amount of TDCPP or tris(2-chloroethyl) phosphate (“TCEP”) when analyzed using state or federally approved testing methodologies.  Additionally, Najarian agreed to provide its vendors with the reformulation standards by December 15, 2013, and instruct them to provide furniture that complies expeditiously.  Furniture currently existing in Najarian’s inventory must be sold with Proposition 65 warnings provided.  Should Najarian provide written certification that all 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 Najarian should provide written certification that all 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 $90,000, 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.