Held v. Kentuckiana Foam, Inc.

Posted: 07/02/2014  browse the case archive

Citizen enforcer Dr. Anthony Held and settling party Kentuckiana Foam, Inc. (“KFI”) entered into an out-of-court Settlement Agreement on July 2, 2014, which resolved Held’s allegations that KFI sold chairs with foam padding containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate and chairs with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.

As part of the settlement, KFI agreed not to sell any chairs with foam padding or chairs with vinyl/PVC upholstery in California after September 30, 2014, unless the chairs meet the reformulation requirements outlined in Section 2.1 of the Settlement or have Proposition 65 warnings provided pursuant to Section 2.2.  Should KFI provide written certification by September 30, 2014, and continuing into the future, that all chairs with foam padding or chairs with vinyl/PVC upholstery sold in California qualify as reformulated, Held agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $54,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Held and his counsel for their successful enforcement of this matter in the public interest. 

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