Facts

Plaintiff Laurence Vinocur sued Cort Business Services Corp. relating to the sale of products allegedly lacking Proposition 65 health warnings.

PLAINTIFF'S CONTENTIONS:
Vinocur contended that Cort sold and distributed for sale in California upholstered furniture with foam padding containing the chemical TDCPP without providing the health hazard warning required by Proposition 65.

DEFENDANT'S CONTENTIONS:
Cort denied the allegations and maintained that the products were in compliance with all laws.

Result

Under the terms of the settlement reached between the parties, Cort agreed only to sell upholstered furniture with foam padding containing a maximum concentration of no more than 25 parts per million TDCPP. Those products Cort offers for sale that it believes have not been reformulated shall have a Proposition 65 warning. Cort will also pay a total of $72,000 in civil penalties, with 75 percent of the funds going to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent going to Vinocur. The final civil penalty payment of $55,000 will be waived if Cort reformulates the products by a specified date. Cort will also reimburse Vinocur $48,000 for attorney fees and costs.