Held v. Safavieh Intl., LLC.

In the enforcement action Held v. Safavieh Intl., LLC., citizen enforcer Anthony E. Held, Ph.D., P.E.’s allegations against defendant Safavieh Intl., LLC. (“Safavieh”) were resolved on September 10, 2014, when the parties executed a Consent Judgment.  In this matter, Held alleged that Safavieh sold furniture including ottomans with foam padding containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and tris(2-chloroethyl) phosphate (“TCEP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Safavieh agreed not to sell any furniture including ottomans in California after November 30, 2014, unless the furniture contains no detectable amount of TDCPP or TCEP when analyzed using state or federally approved testing methodologies.  Additionally, Safavieh agreed to provide its vendors with the reformulation standards by September 15, 2014, and instruct them to provide furniture that complies expeditiously.  Furniture currently existing in Safavieh’s inventory must be sold with Proposition 65 warnings provided.  Should Safavieh provide written certification that all furniture sold in California after August 15, 2014 qualifies as reformulated, Held agreed to waive a portion of the civil fine.  Additionally, Held provided a credit for extending the breadth of reformulation, among other credits available, if Safavieh should provide written certification that all furniture sold in California after November 15, 2014, contain no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TDCPP and TCEP requirements.

The Consent Judgment requires settlement payments of $71,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Held and his counsel for their successful enforcement of this matter in the public interest.