Moore v. Dorel U.S.A, Inc.

Posted: 10/24/2014  browse the case archive

Citizen enforcer John Moore’s allegations against defendants Dorel U.S.A., Inc., Dorel Industries, Inc., Dorel Asia Inc., Dorel Juvenile Group, Inc., and Ameriwood Industries, Inc. (collectively “Defendants”) were resolved on October 24, 2014, when the parties executed a Consent Judgment.  In this matter, Moore alleged that Defendants sold foam-cushioned upholstered chairs containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and chairs with vinyl or faux leather components 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, Defendants agreed not to sell any furniture in California after the Alameda County Superior Court approves the Consent Judgment, unless the furniture contains no detectable amount of TDCPP, tris(2-chloroethyl) phosphate (“TCEP”), and tris(2,3-dibromopropyl)phosphate (“TDBPP”) when analyzed using state or federally approved testing methodologies.  Defendants have also agreed to sell only covered faux leather products that comply with federal lead limits and contain less than 1,000 parts per million DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Additionally, Defendants agreed to provide their vendors with the reformulation standards and instruct them to provide furniture that complies expeditiously.  Furniture currently existing in Defendants’ inventory must be sold with Proposition 65 warnings provided.  Should Defendants provide written certification that all furniture sold in California after the Consent Judgment is approved qualifies as reformulated, Moore agreed to waive a portion of the civil fine.

The Consent Judgment requires settlement payments of $102,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Moore and his counsel for their successful enforcement of this matter in the public interest.

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