Peter Englander and Laurence Vinocur—clients of The Chanler Group—served 10 new 60-Day Notices of Violation on companies offering products containing one or more of the flame retardants Tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and Tris(2-chloroethyl) phosphate (TCEP) for sale in California without a Proposition 65 warning. TDCPP and TCEP are chemicals known to cause cancer. The products involved include padded upholstered furniture, seats, and baby sleepers. Companies receiving notice include Tomy Corporation, Kmart, Human Touch, and others. A partial list of the notices appears below.
Product
Chemical
Alleged Violator
Citizen Enforcer
Padded Upholstered Furniture including Foot Stools/Ottomans
Peter Englander—a client of The Chanler Group—served eight new 60-Day Notices of Violation on companies offering products containing the flame retardant Tris(2-chloroethyl) phosphate (TCEP) for sale in California without a Proposition 65 warning. TCEP is a chemical known to cause cancer. Companies receiving notices include Acme Furniture, The TJX Companies, Thomasville Furniture Industries, and others. The products include padded upholstered furniture such as chairs, stools, and ottomans. A partial list of the notices appears below.
Russell Brimer, Peter Englander, and Laurence Vinocur—clients of The Chanler Group—served a combined total of ten new 60-Day Notices of Violation on companies offering products containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) for sale in California without a Proposition 65 warning. TDCPP is a chemical known to cause cancer. Companies receiving notices include Kids Only, Toys "R" Us, First Act Inc., and others. The products include padded upholstered furniture. A partial list of the notices appears below.
Peter Englander and Laurence Vinocur—clients of The Chanler Group—served a combined total of ten new 60-Day Notices of Violation on companies offering products containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) or the phthalate Di(2‑ethylhexyl)phthalate (DEHP) for sale in California without a Proposition 65 warning. TDCPP is a chemical known to cause cancer, and DEHP is a chemical known to cause reproductive harm. Companies receiving notice include KidKraft, Elite, United Stationers, and others. The products include padded upholstered furniture such as barstools, ottomans, and chairs, and vinyl chairs. A partial list of the notices appears below.
Peter Englander and Laurence Vinocur—clients of The Chanler Group—served a combined total of 12 new 60-Day Notices of Violation on companies offering products containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) or the phthalate Di(2‑ethylhexyl)phthalate (DEHP) for sale in California without a Proposition 65 warning. TDCPP is a chemical known to cause cancer, and DEHP is a chemical known to cause reproductive harm. Companies receiving notice include Euromarket Designs, The Best Quality Furniture Manufacturing, Reliable Seating, and others. The products containing these chemicals include padded upholstered furniture and vinyl chairs. A partial list of the notices appears below.
On December 28, 2012, Russell Brimer and Laurence Vinocur, clients of The Chanler Group, served a combined total of six new 60-Day Notices of Violation on companies offering products containing phthalates, lead, and the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) for sale in California without a Proposition 65 warning. The products include vinyl/PVC audio cords and seating and furniture products. See Partial List of Notices Below.
On January 2, 2013, Peter Englandar, John Moore, and Laurence Vinocur, clients of The Chanler Group, served a combined total of eight new 60-Day Notices of Violation on companies offering products containing phthalates and the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) for sale in California without a Proposition 65 warning. The products include padded chairs and padded upholstered furniture. See Partial List of Notices Below
Insert table from tab 1022013 Notice List under "See Partial List of Notices Below"; hyperlink each instance of "Notice" in "Click Link for Notice" column and link to corresponding PDF of notice
On January 4, 2013, Peter Englander and Laurence Vinocur, clients of The Chanler Group, served a combined total of nine new 60-Day Notices of Violation on companies offering products containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) for sale in California without providing a Proposition 65 warning. The products include padded upholstered furniture and a padded playard/bassinet. See Partial List of Notices Below.
Product
Chemical
Alleged Violator
Citizen Enforcer
Padded Upholstered Furniture including Accent Chairs
During 2012, TCG clients Peter Englander and Laurence Vinocur initiated investigations into products suspected of containing the flame retardant tris phosphate--more formally tris(1,3-dichloro-2-propyl) phosphate (TDCPP)--a chemical known to the State of California to cause cancer. Englander and Vinocur have identified dozens of furniture products containing TDCPP, including padded chairs, padded upholstered furniture, ottomans, footstools, and storage benches. Between December 2012 and January 2013, Englander and Vinocur issued a combined 74 notices, with more planned, to multiple companies in an effort to obtain agreements from numerous furniture manufacturers and sellers to adopt an industry-wide standard to reformulate furniture products to eliminate or drastically reduce the presence of TDCPP. Englander and Vinocur are optimistic they can achieve such a change, based on the past successes of their legal team at The Chanler Group, which has successfully negotiated for reformulation of other types of products, such as in the beverageware industry, resulting in the reduction or elimination of the presence of chemicals known to cause cancer or reproductive harm.
Most recently, TCG obtained an unparalleled settlement with over 100 companies in the fashion accessory industry, resulting in the adoption of reformulation standards to virtually eliminate the presence of lead and phthalates from consumer products sold in California, and payment of millions of dollars in civil penalties to the State of California. See Fashion Accessory Industry Settlement
On December 20 and 21, 2012, Russell Brimer, Whitney Leeman, and Laurence Vinocur, clients of The Chanler Group, served a combined total of 17 new 60-Day Notices of Violation on companies offering products containing phthalates and food coloring containing 4 methylimidazole (4-MEI) for sale in California without a Proposition 65 warning. The products include various products containing vinyl and a maple flavor food product. See Partial List of Notices Below.