Facts

Plaintiff filed a complaint against defendant for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant manufactured, imported, sold, or distributed for sale in California vinyl/PVC upholstery that contained the toxic chemical di(2-ethylhexyl)phthalate (DEHP) and chairs with foam padding containing the toxic chemical tris(1,3-dichlor-2-propyl)phosphate (TDCPP) without the requisite Proposition 65 health warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations and contended that its products were in compliance with the law.

Result

Pursuant to the settlement reached between the parties, defendant will only manufacture, distribute, purchase for sale, or sell in California the products at issue if they have been reformulated to contain less than 1,000 parts per million (0.1 percent) DEHP or no more than 25 parts per million (0.0025 percent) of TDCPP. Non-reformulated products must contain clear and reasonable warnings. Defendant will also pay $3,250 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. Additionally, defendant will reimburse plaintiff $29,750 for his attorney fees and costs.

Other Information

FILING DATE: Dec. 14, 2016.