Moore v. United Stationers Supply Co.

Posted: 10/10/2013  browse the case archive

Citizen enforcer John Moore’s allegations against defendant United Stationers Supply Co. (“United Stationers”) were resolved on October 10, 2013, when the parties executed a Consent Judgment.  In this enforcement action, Moore alleged that United Stationers sold padded upholstered furniture including chairs with foam padding containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and folding chairs with vinyl/PVC upholstery 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, United Stationers agreed not to sell any chairs or other furniture in California after March 31, 2014, unless the furniture contains no more than 25 parts per million each of TDCPP and tris(2-chloroethyl) phosphate (“TCEP”) and no more than 1,000 parts per million of DEHP, DBP, or BBP when analyzed using state or federally approved testing methodologies. Additionally, United Stationers agreed to provide its vendors with the reformulation standards by October 15, 2013, and instruct them to provide furniture that complies expeditiously.  Furniture currently existing in United Stationers’ inventory may be sold with Proposition 65 warnings provided.  Should United Stationers provide written certification that all furniture sold in California after November 1, 2013 qualifies as reformulated, Moore agreed to waive a portion of the civil fine.  Additionally, Moore provided a credit for extending reformulation, among other credits available, if United Stationers should provide written certification that all furniture sold in California also contains no more  than 25 parts per million of tris(2,3-dibromopropyl) phosphate (“TDBPP”) by March 15, 2014.

The Consent Judgment requires settlement payments of $144,000, 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 their counsel for their successful enforcement of this matter in the public interest.

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