Englander v. Toys “R” Us, Inc.

Citizen enforcer Peter Englander’s allegations against defendant Toys “R” Us, Inc. (“Settling Defendant”) were resolved on October 15, 2015, when the parties entered into a Consent Judgment.  In this matter, Englander alleged that Settling Defendant sold products with foam cushioned components 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, Settling Defendant agreed not to sell any of these products in California after the Alameda County Superior Court enters the Judgment, unless the foam contains no detectable amount of TDCPP and tris(2-chloroethyl) phosphate (“TCEP”) when analyzed using state or federally approved testing methodologies. Additionally, Settling Defendant agreed to provide its vendors with the reformulation standards by October 15, 2015, and instruct them to provide products that comply expeditiously.  Products currently existing in Settling Defendant’s inventory must be sold with Proposition 65 warnings provided.  Should Settling Defendant provide written certification that all products with foam cushioned components sold in California after October 15, 2015 qualifies as reformulated, Englander agreed to waive a portion of the civil fine. 

The Consent Judgment requires settlement payments of $30,000, 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.