Vinocur v. Legends Furniture, Inc.

On March 2, 2015, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Laurence Vinocur made against settling party Legends Furniture, Inc. (“Legends Furniture”).  In this matter, Vinocur alleged that Legends Furniture sold chairs with upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and upholstered chairs with foam padding containing the flame retardant chemical 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, Legends Furniture agreed not to sell any upholstered chairs in California after May 15, 2015, unless the chairs contain less than 1,000 parts per million of DEHP or 25 ppm of TDCPP when analyzed using state or federally approved testing methodologies.  Legends Furniture has also agreed to provide its vendors with the above reformulation standards and instruct them to provide furniture that complies expeditiously.  All current inventory shall be sold with Proposition 65 warnings provided.  Should Legends Furniture provide written certification by March 30, 2015, that all vinyl/PVC cases for pill/medication organization qualify as reformulated, Vinocur agreed to waive a portion of the civil fine that would otherwise be applied.  More penalties shall be waved in the event that Legends Furniture extends the reformulation to include the flame retardant chemicals tris(2,3-dibromopropyl)phosphate (“TDBPP”), withdraws unreformulated products from the California market, and terminates distribution of unreformulated inventory to California.

The Settlement Agreement requires settlement payments of $42,500, 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.