Englander v. P’kolino LLC

In the enforcement action Englander v. Acme Furniture Industry. et al., citizen enforcer Peter Englander’s allegations against defendant P’kolino LLC (“P’kolino”) were resolved on June 17, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that P’kolino sold products with foam cushioned components containing tris(1,3-dichloro-2-propyl)phosphate (“TDCPP”) and/or tris(2-chloroethyl)phosphate (“TCEP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, P’kolino agreed not to sell any products with foam cushioned components in California after October 15, 2014, unless the products contain no more than 25 parts per million (“ppm”) TDCPP or TCEP when analyzed using state or federally approved testing methodologies, or unless the products are sold with a clear and reasonable warning.  P’kolino has also agreed to notify its vendors to provide it with only reformulated products and attach warnings to its current inventory.  

Should P’kolino provide written certification by July 18, 2014 that all of its products with foam cushioned components sold in California qualify as reformulated, Englander agreed to waive a portion of the civil fine.  In addition, another portion of the civil penalty shall be waived if, as of July 18, 2014, P’kolino agrees to only manufacture, import, sell, or distribute in California products that also do not contain tris(2,3-dibromopropyl)phosphate (“TDBPP”) in excess of 25 ppm.

The Consent Judgment requires settlement payments of $92,000, 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.