Vinocur v. Stakmore Company, Inc.

Citizen enforcer Laurence Vinocur’s allegations against defendant Stakmore Company, Inc. (“Stakmore”) were resolved on October 3, 2013, when the parties executed a Consent Judgment.  In this matter, Vinocur alleged that Stakmore sold chairs with foam padding containing 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, Stakmore agreed not to sell any chairs with padded seats in California after March 31, 2014, unless the chairs contain no more than 25 parts per million each of TDCPP or tris(2-chloroethyl) phosphate (“TCEP”) when analyzed using state or federally approved testing methodologies. Additionally, Stakmore agreed to provide its vendors with the reformulation standards by October 15, 2013, and instruct them to provide chairs that comply expeditiously.  Chairs currently existing in Stakmore’s inventory may be sold with Proposition 65 warnings provided.  Should Stakmore provide written certification that all products sold in California after November 1, 2013 qualify as reformulated, Vinocur agreed to waive a portion of the civil fine.  Additionally, Vinocur provided a credit for further reformulation, among other credits available, if Stakmore should provide written certification that all chairs sold in the California after March 15, 2014, contain no more than 25 parts per million of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TDCPP and TCEP reformulation requirement.

The Consent Judgment requires settlement payments of $98,000, 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.