Facts

Laurence Vinocur filed a representative action against Fourstar Group USA Inc., alleging violations of Proposition 65.

PLAINTIFF'S CONTENTIONS:
Vinocur claimed that Fourstar failed to inform its customers of the presence of tris(1,3-dichloro-2-propyl)phosphate, or TDCPP, and tris(2-chloroethyl)phosphate, or TCEP, in its upholstered chairs. Plaintiff contended that Fourstar used TDCPP and TCEP in its products as a flame retardant.

Proposition 65 listed both chemicals as "known to cause cancer," and plaintiff asserted that it required that Fourstar clearly label and inform its customers of the presence of either chemical.

Result

The parties settled. Fourstar agreed to cease manufacturing or importing products that contained more than 25 parts per million of TDCPP or TCEP. Fourstar also agreed to pay $53,000 in civil penalties, portions of which can be waived if Fourstar undertakes certain actions. Fourstar will also pay $35,000 in fees and costs.

Other Information

FILING DATE: Jan. 30, 2014.