Furniture, Home Decorative, and Household Products

Furniture, Home Decorative, and Household Products

The Chanler Group's clients have identified various home décor products, including pillows, ottomans, curtains, and picture frames, that contain the flame retardants Tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and Tris(2-chloroethyl) phosphate (“TCEP”), lead, and/or the phthalates di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), and Di-n-butyl phthalate ("DBP"), all chemicals known to the State of California to cause cancer, birth defects, and reproductive harm.

Over the past year, the media has focused on the presence of flame retardants in furniture padding and other household products.  TDCPP and TCEP are widely used flame retardant chemicals and plasticizers that are found in both rigid and soft polyurethane foam, plastics, and fabric backings.  Because they do not chemically bind to the furniture backing, over time TDCPP and TCEP escape from the padding and attach to dust and other household items, creating unwanted human exposure.  Both TDCPP and TCEP have been identified by California as chemicals known to cause cancer.

Phthalates are "plasticizers," substances added to plastic components and materials in consumer products to increase their flexibility, transparency, durability, and longevity.  Phthalates have been recognized as major indoor pollutants in homes.  Along with their usage in kitchen and bathroom products such as spatulas, placemats, and shower curtains, phthalates are widely used in building and furniture materials, including furniture upholstery, coverings, and décor. 

BBP in vinyl flooring is of particular concern to The Chanler Group's clients. BBP is commonly used as a plasticizer for vinyl foams, which are often used as vinyl flooring.  The risk of exposure to high levels of BBP through vinyl flooring is elevated for several reasons. First, indoor air concentrations of BBP tend to be higher than outdoor air concentrations. It is also the case that many of us walk around our homes without foot coverage, such as socks, shoes or slippers, and the floor is a common surface on which young children crawl, which increases direct dermal exposure with the floor. This is also associated with increased hand-to-mouth exposure for children. 

As a neurotoxin, lead negatively affects the nervous system in both adults and children.  Research has shown that repeated exposure to lead cumulatively affects the developing nervous system and, over time, can lead to attention deficit, learning disabilities, short-term memory loss, behavioral problems, and diminished intellectual ability. Children under the age of six are the most at risk of developmental problems stemming from lead poisoning, due to their frequent hand-to-mouth behaviors and small body size. 

To review legal agreements which The Chanler Group's clients have reached with companies that sell furniture, home decorative, and household products, please see the cases below.

firm casework - enforcement

March 12, 2013
DEHP
Out-of-Court Settlement
Citizen enforcer Russell Brimer’s allegations against settling party Norcom, Inc. (“Norcom”) were resolved on March 12, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Norcom sold ledger/cash books with vinyl/PVC covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of...
February 26, 2013
Lead
Out-of-Court Settlement
Citizen enforcer Russell Brimer’s allegations against settling party Ace Hardware Corporation (“Ace”) were resolved on February 26, 2013, when the parties entered into an out-of-court Settlement Agreement. In this matter, Brimer alleged that Ace sold portable utility lamps containing the heavy metal lead in the State of California without providing...
February 21, 2013
Lead
Out-of-Court Settlement
A Settlement Agreement was negotiated on February 21, 2013, when citizen enforcer Russell Brimer and settling party Big 5 Corp. (“Big 5”) resolved Brimer’s allegations that Big 5 sold chairs with travel bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of the settlement, Big 5...
February 20, 2013
DEHP
Out-of-Court Settlement
Whistleblower John Moore’s allegations against settling party Privilege International, Inc. (“Privilege”) were settled on February 20, 2013, when the parties entered into an out-of-court Settlement Agreement.  Moore had alleged that Privilege sold ottomans with a faux leather covering material containing the phthalate chemical di(2-ethylhexyl)...
January 30, 2013
DEHP
Consent Judgment
The Alameda County Superior Court entered a Consent Judgment in Moore v. CM International, Inc.; CMC Worldwide, Inc., on January 30, 2013, which resolved citizen enforcer John Moore's allegations that the defendant CMC Worldwide, Inc. ("CMC") sold children's furniture containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the...
January 30, 2013
DEHP
Out-of-Court Settlement
Citizen enforcer Peter Englander's allegations against settling party Madison Industries, Inc. ("Madison") were resolved on January 30, 2013, when the two parties entered into a Settlement Agreement. Englander alleged that Madison sold mattress covers and flooring containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of...
January 25, 2013
DEHP
Out-of-Court Settlement
The Settlement Agreement between citizen enforcer Peter Englander and settling party American Textile Company, Inc. ("American Textile") was entered into on January 25, 2013. This agreement resolved Englander's allegations that American Textile sold mattress covers and pillow covers containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP...
January 22, 2013
DEHP
Out-of-Court Settlement
Whistleblower Peter Englander and settling defendant KAI, USA, Ltd. ("Kai") entered into a Settlement Agreement on January 22, 2013, which resolved Englander's allegations that Kai sold knife cases containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings....