Facts

Peter Englander filed a complaint against Hillsdale Furniture LLC, claiming its products risk consumers to exposure of toxic chemicals that may harm human health.

PLAINTIFF'S CONTENTIONS:
Englander contended that Hillsdale sold tools with vinyl/PVC upholstery that contained di(2-ethylhexyl)phthalate, or DEHP, without the requisite Proposition 65 warnings. Englander alleged that DEHP, which was known to cause birth defect and other reproductive harm, excapes from vinyl/PVC, leading to human exposure. As such, Atlantic was required to warn consumers about the exposure pursuant to Proposition 65.

Plaintiff claimed the suit was filed in an effort to promote awareness of exposures to toxic chemicals and improve human health by reducing or eliminating hazardous substances contained in consumer products.

DEFENDANT'S CONTENTIONS:
Hillsdale denied all allegations and maintained that it did not knowingly or intentionally expose California consumers to DEHP.

Result

The parties entered into a consent decree whereby Hillsdale agreed to pay a total of $24,000 in civil penalties. Hillsdale also agreed to certain injunctive relief, including providing the requisite warnings for its products.