Furniture, Home Decorative, and Household Products

Furniture, Home Decorative, and Household Products

The Chanler Group's clients have identified various home décor products, including pillows, ottomans, curtains, and picture frames, that contain the flame retardants Tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and Tris(2-chloroethyl) phosphate (“TCEP”), lead, and/or the phthalates di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), and Di-n-butyl phthalate ("DBP"), all chemicals known to the State of California to cause cancer, birth defects, and reproductive harm.

Over the past year, the media has focused on the presence of flame retardants in furniture padding and other household products.  TDCPP and TCEP are widely used flame retardant chemicals and plasticizers that are found in both rigid and soft polyurethane foam, plastics, and fabric backings.  Because they do not chemically bind to the furniture backing, over time TDCPP and TCEP escape from the padding and attach to dust and other household items, creating unwanted human exposure.  Both TDCPP and TCEP have been identified by California as chemicals known to cause cancer.

Phthalates are "plasticizers," substances added to plastic components and materials in consumer products to increase their flexibility, transparency, durability, and longevity.  Phthalates have been recognized as major indoor pollutants in homes.  Along with their usage in kitchen and bathroom products such as spatulas, placemats, and shower curtains, phthalates are widely used in building and furniture materials, including furniture upholstery, coverings, and décor. 

BBP in vinyl flooring is of particular concern to The Chanler Group's clients. BBP is commonly used as a plasticizer for vinyl foams, which are often used as vinyl flooring.  The risk of exposure to high levels of BBP through vinyl flooring is elevated for several reasons. First, indoor air concentrations of BBP tend to be higher than outdoor air concentrations. It is also the case that many of us walk around our homes without foot coverage, such as socks, shoes or slippers, and the floor is a common surface on which young children crawl, which increases direct dermal exposure with the floor. This is also associated with increased hand-to-mouth exposure for children. 

As a neurotoxin, lead negatively affects the nervous system in both adults and children.  Research has shown that repeated exposure to lead cumulatively affects the developing nervous system and, over time, can lead to attention deficit, learning disabilities, short-term memory loss, behavioral problems, and diminished intellectual ability. Children under the age of six are the most at risk of developmental problems stemming from lead poisoning, due to their frequent hand-to-mouth behaviors and small body size. 

To review legal agreements which The Chanler Group's clients have reached with companies that sell furniture, home decorative, and household products, please see the cases below.

firm casework - enforcement

July 14, 2015
DEHP
Out-of-Court Settlement
On July 14, citizen enforcer Anthony E. Held, Ph.D, P.E. and settling party ICUP, Inc. (“ICUP”) entered into an out-of-court settlement agreement.  Held had alleged that ICUP sold drinking cups with vinyl/PVC sleeves containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite...
July 7, 2015
DEHP, TDCPP
Consent Judgment
Citizen enforcer Peter Englander’s allegations against defendant Acme Furniture Industry, Inc. (“Settling Defendant”) were resolved on July 7, 2015, when the parties entered into a Consent Judgment.  In this matter, Englander alleged that Settling Defendant sold products with foam-cushioned components containing the flame retardant tris(1,3-dichloro...
July 1, 2015
DEHP
Out-of-Court Settlement
Citizen enforcer Anthony Held, Ph.D, P.E. and settling party Whirlpool Corporation (“Whirlpool”) entered into an out-of-court settlement agreement on July 1, 2015.  Held had alleged that Whirlpool sold stools with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (“DINP”) in the State of California without...
June 30, 2015
DEHP, TDCPP
Consent Judgment
Citizen enforcer Peter Englander’s allegations against defendants Big Lots, Inc. and Big Lots Stores, Inc. (collectively, “Big Lots”) were resolved on June 30, 2015, when the parties entered into a Consent Judgment.  In this matter, Englander alleged that Big Lots sold padded upholstered stools containing the flame retardant tris(1,3-dichloro-2-...
June 17, 2015
TDCPP
Consent Judgment
Citizen enforcers Laurence Vinocur and Peter Englander’s allegations against defendant Future Foam, Inc. (“Future Foam”) were resolved on June 17, 2015, when the parties entered into a Consent Judgment.  In this matter, Vinocur and Englander alleged that Future Foam sold foam intended for use as padding in upholstered furniture containing the flame...
June 11, 2015
DEHP
Out-of-Court Settlement
Citizen enforcer Dr. Whitney R. Leeman and settling party Premiere Living Products, LLC (“Premiere”) entered into an out-of-court settlement agreement on June 11, 2015.  Leeman had alleged that Premiere sold pet baskets with vinyl/PVC handles and storage baskets with vinyl/PVC handles containing the phthalate chemical di(2-ethylhexyl)phthalate (“...
June 9, 2015
Lead
Out-of-Court Settlement
Citizen enforcer Paul Wozniak and settling party 99 Cents Only Stores LLC (“99 Cents”) entered into an out-of-court settlement agreement on June 9, 2015.  Wozniak had alleged that 99 Cents sold glass bottles with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of...
May 21, 2015
4,4'-MDA
Consent Judgment
On May 21, 2015 the parties involved in the case Wozniak v. 99 Cents Only Stores, LLC executed a Consent Judgment.  In this matter, citizen enforcer Paul Wozniak alleged that 99 Cents Only Stores, LLC (“99 Cents”) sold nylon cooking utensils that contained the chemical 4,4’-Methylenedianiline (“4,4’-MDA”) in the State of California...