Facts

Peter Englander filed a Proposition 65 representative action against Grand Basket Co. Inc., KMart Corp., Riverside Furniture Corp. and others, based on the alleged presence of Tris(1,3-dichloro-2-propyl) phosphate, also known as TDCPP, a flame retardant chemical in foam utilized in padded furniture the defendants sold. In 2011, TDCPP was placed on the Proposition 65 list of toxic chemicals known to cause cancer.

PLAINTIFF'S CONTENTIONS:
Englander argued that the defendants failed to warn of the presence of TDCPP in their padded furniture, despite manufacturing, distributing, and selling such furniture in California. Various items of padded upholstered furniture contained TDCPP, and exposed infants, children, and others to the dangerous chemical. Englander asserted that defendants' failure to warn consumers violated Proposition 65, and sought an injunction against them.

DEFENDANTS' CONTENTIONS:
Defendants denied these allegations, and asserted that their products were in compliance with the law when placed into the stream of commerce and that they had not "knowingly and intentionally" exposed consumers to TDCPP.

Result

Jofran Sales Inc. and Riverside Furniture entered into a stipulated consent judgment. Jofran and Riverside Furniture agreed to cease selling products that contained more than 25 parts per million of TDCPP. Jofran and Riverside Furniture were also required to pay $131,000 in civil penalties and compensation to Englander.

Other Information

FILING DATE: April 30, 2013.