Moore v. Pier 1 Imports, Inc.

Citizen enforcer John Moore’s allegations against defendant Pier 1 Imports, Inc. (“Pier 1”) were resolved on December 18, 2013, when the parties executed a Consent Judgment.  In this matter, Moore alleged that Pier 1 sold padded upholstered furniture including ottomans and chair cushions 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, Pier 1 agreed not to sell any ottomans or chair cushions in California after May 31, 2014, unless the furniture contains no detectable amount of TDCPP and tris(2-chloroethyl) phosphate (“TCEP”)  when analyzed using state or federally approved testing methodologies. Additionally, Pier 1 agreed to provide its vendors with the reformulation standards by December 13, 2013, and instruct them to provide furniture that complies expeditiously.  Furniture currently existing in Pier 1’s inventory must be sold with Proposition 65 warnings provided.  Should Pier 1 provide written certification that all furniture sold in California after December 15, 2013 qualifies as reformulated, Moore agreed to waive a portion of the civil fine.  Additionally, Moore provided a credit for extending the breadth of reformulation, among other credits available, if Pier 1 should provide written certification that all furniture sold in California after March 31, 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 $134,000, 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.