Facts

Russell Brimer and Peter Englander sued Toys "R" Us Inc. and other toy companies relating to children's padded upholstered chairs.

PLAINTIFFS' CONTENTIONS:
Brimer and Englander contended that defendants violated Proposition 65 when they failed to warn their customers in California that the chairs contained tris(1,3-dichloro-2-propyl) phosphate, known as TDCPP.

DEFENDANT'S CONTENTIONS:
Toys "R" Us denied the allegations and contended that its products were in compliance with the law, and completely safe for their intended use.

Result

Pursuant to the consent judgment entered into between Englander and Toys "R" Us, Toys "R" Us agreed not to sell products in California that are not reformulated to contain no more than 25 parts per million of TDCPP and/or TCEP. It will also notify its vendors to provide it with only reformulated products for sale in California. Current inventory that does not qualify as reformulated products will contain a warning. Although denying all liability, Toys "R" Us will pay $14,000 in civil penalties, with 75 percent going to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent going to Englander. The second penalty payment will be waived if Toys "R" Us demonstrates compliance before a specified deadline. It will also reimburse Englander for his attorney fees and costs in the amount of $16,000.