Moore v. Poppin, Inc.

Citizen enforcer John Moore and settling party Poppin, Inc. (“Poppin”) entered into an out-of-court settlement agreement on June 5, 2019.  Moore had alleged that Poppin sold ottomans with foam padding containing the flame retardant chemical tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and tris(2-chloroethyl)phosphate (“TCEP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Poppin agreed not to sell any ottomans with foam padding in California after June 7, 2019, unless the ottomans contain no more than 25 parts per million each of TDCPP or TCEP when analyzed using state or federally approved testing methodologies or bear a Proposition 65 warning.  

The Settlement Agreement requires settlement payments of $20,600, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Vinocur and his counsel for their successful enforcement of this matter in the public interest.