Vinocur v. Z-Line Designs, Inc.

Citizen enforcer Laurence Vinocur’s allegations against defendant Z-Line Designs, Inc. (“Z-Line”) were resolved on October 14, 2013, when the parties executed a Consent Judgment.  In this matter, Vinocur alleged that Z-Line sold padded upholstered office chairs 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, Z-Line agreed not to sell any office chairs in California after March 31, 2014, unless the chairs contain no more than 25 parts per million of TDCPP and TCEP when analyzed using state or federally approved testing methodologies. Additionally, Z-Line agreed to provide its vendors with the reformulation standards by October 15, 2013, and instruct them to provide office chairs that comply expeditiously.  Office chairs currently existing in Z-Line’s inventory may be sold with Proposition 65 warnings provided.  Should Z-Line provide written certification that all chairs sold in California after November 1, 2013 qualify as reformulated, Vinocur agreed to waive a portion of the civil fine.  Additionally, Vinocur provided a credit for extending the breadth of reformulation, among other credits available, if Z-Line should provide written certification that all office chairs sold in California after March 31, 2014, contain no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TCEP and TDCPP requirements.

The Consent Judgment requires settlement payments of $133,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Vinocur and his counsel for their successful enforcement of this matter in the public interest.