Vinocur v. Abad Foam, Inc.

Citizen enforcer Laurence Vinocur’s allegations against defendant Abad Foam, Inc. (“Abad Foam”) were resolved on March 2, 2015, when the parties entered into a Consent Judgment.  In this matter, Vinocur alleged that Abad Foam sold foam containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) intended for use as padding in upholstered furniture in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Abad Foam agreed not to sell any foam in California after the Judgment is approved by the Alameda County Superior Court 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. Additionally, Abad Foam agreed to provide its retailers and distributors with Proposition 65 warnings for products already in the stream of commerce.

The Consent Judgment requires settlement payments of $20,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Vinocur and his counsel for their successful enforcement of this matter in the public interest.