Anthony Held Obtains ErgoBaby Agreement to Reformulate Baby Beds

Thanks to TCG client Anthony Held, The ERGO Baby Carrier, Inc. (ErgoBaby) has agreed to reformulate all of its upholstered bassinets to virtually eliminate a toxic flame retardant.  ErgoBaby and affiliated company Orbit Baby agreed earlier this month to remove the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) from the bassinets.  Held alleged that ErgoBaby violated Proposition 65 by selling bassinets that contain TDCPP in California without providing a health hazard warning.

As part of the agreement, ErgoBaby agreed that its bassinets shall be reformulated to be virtually free of TDCPP.  ErgoBaby will also pay civil penalties of $10,500, three-quarters of which are to be paid to the State of California, to enhance public health and the environment.  Should ErgoBaby certify that the baby beds are free of TDCPP, Held has agreed to waive portions of the civil fine.  For more information about the agreement, please see the case summary on the website.

ErgoBaby is headquartered in Los Angeles.  Its products are sold through more than 650 retailers and websites in the United States.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65.  Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings.  The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.