Facts

The Oakland-based nonprofit, Center for Environmental Health filed a complaint against Britax Child Safety Inc., Angeles Corp., Belnick Inc., Childrens Factory Inc., Combi USA Inc., Comfort Products Inc., Delta Enterprise Corp., Dex Products, Energizer Personal Care LLC, Foundations Worldwide Inc., Playtex Manufacturing Inc., Stork Craft Manufacturing Inc., Williams-Sonoma Inc., Contour Products Inc., and Victory Land Group Inc. The action alleged that some of the furniture and baby products defendants manufacture contained toxic flame retardants.

PLAINTIFF'S CONTENTIONS:
The Center contended that defendants' products contained tris(1,3-dichloro-2-propyl) phosphate, or TDCPP, a chemical that was known in the State of California to cause cancer. The Center contended that TDCPP, a flame retardant, was a toxic chemical found in foam used as padding or cushioning in defendants' products. As a result, defendants were exposing consumers to this toxic chemical without the requisite warning labels under Proposition 65. Plaintiff claimed the defendants violated the law by failing to provide the requisites Proposition 65 warning labels.

Result

The parties agreed to settle the matter. As part of the settlement, defendants agreed to remove the flame retardant from their products and will pay civil penalties. The Center has agreed to waive a significant portion of the civil penalties if defendants agree to eliminate all toxic flame-retardants, in addition to the TDCPP that was at issue in the lawsuit.