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

May 31, 2013
Lead
Default Judgment
The Honorable Judge William J. Monahan of the Santa Clara County Superior Court issued a Default Judgment in the enforcement action Brimer v. Bam Brokerage, Inc. on May 31, 2013.  In this matter, citizen enforcer Russell Brimer alleged that the defendant Bam Brokerage, Inc. (“Bam Brokerage”) sold folding chairs in travel bags containing the heavy metal...
May 15, 2013
DEHP
Out-of-Court Settlement
Citizen enforcer Russell Brimer’s allegations against settling party Thomas Nelson, Inc. (“Thomas Nelson”) were resolved on May 15, 2013, when the parties entered into an out-of-court Settlement Agreement.  Brimer alleged that Thomas Nelson sold books with vinyl/PVC covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP...
May 15, 2013
DEHP
Out-of-Court Settlement
Citizen enforcer Russell Brimer’s allegations against the settling party United Technologies Corporation by and on behalf of its indirect wholly-owned subsidiary UTC Fire & Security Americas Corporation, Inc. (“UTC”) were resolved on May 15, 2013, when the parties entered into an out-of-court Settlement Agreement. Brimer alleged that UTC sold...
May 2, 2013
DEHP
Consent Judgment
Whistleblower Peter Englander and settling party Brentwood Originals, Inc. (“Brentwood”) entered into an out-of-court Settlement Agreement on May 2, 2013, which resolved Englander’s allegations that Brentwood sold vinyl/PVC pillows containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without...
April 25, 2013
DEHP, Lead
Consent Judgment
In the enforcement action Brimer v. R.R. Donnelley & Sons Company, et al., the parties executed a Consent Judgment on April 25, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant R.R. Donnelley & Sons Company (“R.R. Donnelley”) sold coverings for books containing the phthalate chemical di(2-ethylhexyl)phthalate...
April 12, 2013
DEHP, Lead
Consent Judgment
In the enforcement action Brimer v. Petco Animal Supplies, Inc. the parties executed a Consent Judgment on April 12, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Petco Animal Supplies, Inc. (“Petco”) sold photo frames containing the heavy metal lead,  vinyl/PVC raincoats containing the phthalate chemical di(2...
April 11, 2013
Lead
Consent Judgment
In the enforcement action Brimer v. Gresham, Joseph & Reitan Sales, Inc., the parties executed a Consent Judgment on April 11, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Gresham, Joseph, and Reitan Sales, Inc. (“Gresham”) sold baskets with vinyl/PVC components containing the heavy metal lead in the State of...
March 27, 2013
DEHP
Consent Judgment
Citizen enforcer Russell Brimer had his allegations against the defendant John D. Brush & Co., Inc. dba the Sentry Group (“Sentry”) resolved when the parties executed a Consent Judgment on March 27, 2013.  In the case Brimer v. John D. Brush & Co., Inc., Brimer alleged that Sentry sold portable safes with vinyl/PVC cables containing the phthalate...