Englander v. StyleCraft Home Collection, Inc.

In the enforcement action Englander v. Stein Mart, Inc., et al., citizen enforcer Peter Englander’s allegations against defendant StyleCraft Home Collection, Inc. (“StyleCraft”) were resolved on March 19, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that StyleCraft sold padded upholstered chairs with foam padding containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and vinyl/PVC ottomans 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, StyleCraft agreed not to sell any chairs or ottomans in California after June 30, 2014, unless the furniture contains no detectable amount of tris(2-chloroethyl) phosphate (“TCEP”) and TDCPP and no more than 1,000 parts per million of DEHP, BBP, and DBP when analyzed using state or federally approved testing methodologies.  Additionally, StyleCraft agreed to provide its vendors with the reformulation standards by April 1, 2014, and instruct them to provide chairs and ottomans that comply expeditiously.  Chairs and ottomans currently existing in StyleCraft’s inventory must be sold with Proposition 65 warnings provided.  Should StyleCraft provide written certification that all chairs and ottomans sold in California after April 1, 2014 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 StyleCraft should provide written certification that all chairs and ottomans sold in California after June 30, 2014, contain 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 $88,000, 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.