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

February 3, 2014
DEHP
Out-of-Court Settlement Agreement
Whistleblower Anthony Held, Ph.D., P.E. and settling party Kennedy International, Inc. (“Kennedy”) entered into an out-of-court Settlement Agreement on February 3, 2014, which resolved Held’s allegations that Kennedy sold vinyl/PVC cosmetic/toiletry bags and ottomans with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (...
February 3, 2014
TCEP, TDCPP
Consent Judgment
In the enforcement action Englander v. KidKraft, LP, et al., citizen enforcer Peter Englander’s allegations against defendant KidKraft, LP (“KidKraft”) were resolved on February 3, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that KidKraft sold padded upholstered children’s chairs and ottomans with...
January 30, 2014
DEHP
Out-of-Court Settlement Agreement
The parties executed an out-of-court Settlement Agreement on January 30, 2014, which resolved the allegations that whistleblower Whitney R. Leeman, Ph.D., made against settling party Florida Pneumatic Manufacturing Corporation (“Florida Pneumatic”).  In this matter, Leeman alleged that Florida Pneumatic sold shop stools with vinyl seats containing the...
January 22, 2014
DEHP
Consent Judgment
The Honorable Stephen Kaus of the Alameda County Superior Court entered a Consent Judgment on January 22, 2014, that resolved the enforcement action brought by citizen enforcer Anthony Held, Ph.D., P.E.  In this case, Held alleged that defendant Franco Manufacturing Co., Inc. (“Franco”) sold pillows with vinyl components and vinyl placemats containing the...
January 21, 2014
TCEP, TDCPP
Consent Judgment
Citizen enforcer Peter Englander’s allegations against defendant Hooker Furniture Corporation (“Hooker”) were resolved on October 29, 2013, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Hooker sold padded upholstered furniture including ottomans with foam padding containing the flame retardants tris(1,3-...
January 20, 2014
DEHP, TCEP, TDCPP
Consent Judgment
In the enforcement action Englander v. Euromarket Designs Inc., et al., citizen enforcer Peter Englander’s allegations against defendant Furniture of America California, Inc. (“FAC”) were resolved on January 20, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that FAC sold padded upholstered chairs with foam...
January 15, 2014
DEHP
Consent Judgment
In the enforcement action Englander v. PetSmart Inc., et al. whistleblower Peter Englander resolved his allegations against the defendants PetSmart, Inc. (“PetSmart”) and LittleGifts, Inc. (“LittleGifts”) when the parties executed a Consent Judgment on January 15, 2014.  In this case, Englander alleged that PetSmart and LittleGifts sold hand...
January 15, 2014
TCEP
Consent Judgment
In the enforcement action Englander v. Bexco Enterprises, Inc., et al., citizen enforcer Peter Englander’s allegations against defendants Magnussen Home Furnishings, Inc. and Magnussen Holdings Inc. (collectively “Magnussen”) were resolved on January 15, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that...