Facts

Center for Environmental Health sued Ameriwood Industries Inc. and other defendants for alleged Proposition 65 violations. John Moore also sued Dorel USA Inc. for alleged Prop. 65 violations.

Defendants are affiliated entities who manufacture and sell furniture in California.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that defendants made available, in the State of California, chairs with vinyl or faux leather components that contained di(2-ethylhexyl)phthalate, known as DEHP, and also lead, and tris (1,3-dichloro-2-propyl) phosphate, known as TDCPP. Plaintiff alleged that defendants made these products available without the requisite health hazard warnings.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations.

Result

The parties entered into a consent judgment, which provided both for injunctive relief and payment of civil penalties. Defendants agreed not to sell any covered foam-cushioned product that has been treated with any listed chemical flame retardant. Defendants also agreed to provide the requisite Prop. 65 health hazard warnings for certain remaining inventory of products. In addition defendants agreed to pay plaintiff $85,000 in civil penalties and attorney fees, subject to additional penalties. Defendants also agreed to pay Moore $87,500 in civil penalties, and includes $72,500 in attorney fees, and additional penalties that are subject to credits and/or waivers.