Facts

Peter Englander sued EuroMarket Designs Inc., Furniture of America Inc., Furniture of America California Inc., Homelegance Inc., Import Direct Inc., Shenandoah Funiture Inc., Jonathan Louis International Ltd., Living Spaces Furniture, LLC, Palecek Imports Inc., and Urban Home, alleging that they manufactured and sold products in California that violated Proposition 65.

PLAINTIFF'S CONTENTIONS:
Englander contended that EuroMarket manufactured, imported, sold, and/or distributed upholstered furniture with foam padding that contained tris(1,3-dichloro-2-propyl)phosphate, or TDCPP, a chemical known to cause cancer, without the requisite Proposition 65 warnings. Englander alleged that TDCPP, escapes from foam padding components, leading to human exposure. As such, EuroMarket was required to warn consumers about the exposure pursuant to Proposition 65.

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

Result

EuroMarket Designs entered into a Consent Judgment with Englander. EuroMarket agreed to injunctive relief, including agreeing not to order or manufacture products that were not "reformulated" products. In addition, EuroMarket agreed to provide the requisite warnings for its products. EuroMarket also agreed to pay a total of $22,000 in civil penalties, subject to certain waivers.