Facts

Peter Englander filed a complaint against Universal Furniture International Inc. and other defendants on behalf of the citizens of the State of California, for failing to warn Californians about the risk of exposures to TDCPP, a toxic chemical found in padded upholstered furniture sold in the state. Englander asserted a violation of the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. In 2011, TDCPP was placed on the Proposition 65 list of toxic chemicals known to cause cancer.

Universal was engaged in the manufacturing, distributing, importing, and/or selling of padded upholstered furniture containing the chemical product in the state. Englander sought preliminary and permanent injunctive relief to compel defendants to provide adequate warnings regarding the exposure to TDCPP.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants exposed infants, children, and adults to TDCPP through its products, but didn't provide any warning. Plaintiff contended defendants violated the Prop. 65, which prohibited businesses from knowingly or intentionally exposing any individual to chemicals known to the state to cause cancer, such as TDCPP, without first giving clear and reasonable warning.

Damages

Englander sought civil penalties for violating Proposition 65.

Result

Englander and Universal agreed to enter in to a consent judgment. Universal agreed not to sell any furniture alleged to contain the toxic chemical after March 31, 2014, unless they complied with the standards. However, furniture in Universal's inventory may be sold as long as Universal provides Proposition 65 warning labels. Universal also agreed to pay $137,000 in settlement, 75 percent of which will be paid to California's Office of Environmental Health Hazard Assessment. Englander and his counsel would also receive a portion of the settlement fund.

Other Information

FILING DATE: May 3, 2013.