Held v. Royal Manufacturing, Inc.

Posted: 05/06/2014  browse the case archive

Citizen enforcer Peter Englander and settling party Royal Manufacturing, Inc. (“Royal Manufacturing”) executed an out-of-court Settlement Agreement on May 6, 2014, which resolved Englander’s allegations that Royal Manufacturing sold 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, Royal Manufacturing agreed not to sell any chairs in California after April 22, 2014, unless the chairs contain no detectable amount of TDCPP or tris(2-chloroethyl) phosphate (“TCEP”) when analyzed using state or federally approved testing methodologies.  Should Royal Manufacturing provide written certification that all chairs sold in California after May 1, 2014 qualify as reformulated, Englander agreed to waive a portion of the civil fine. 

The Settlement Agreement requires settlement payments of $31,000, 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.  

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