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

January 22, 2013
DEHP
Consent Judgment
On January 22, 2013, the parties executed a Consent Judgment in Moore v. FKA Distributing Co., et al., which resolved citizen enforcer John Moore’s allegations that the defendants FKA Distributing Co. (“FKA”) and Homedics-U.S.A., Inc. (“Homedics”) sold portable speaker cases containing the phthalate chemicals di(2-ethylhexyl)phthalate (...
January 16, 2013
DEHP
Consent Judgment
The parties involved in the enforcement action Moore v. Winsome Trading, Inc. executed a Consent Judgment on January 16, 2013, which resolved citizen enforcer John Moore’s allegations that the defendant Winsome Trading, Inc. (“Winsome”) sold stools with vinyl seats containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the...
January 9, 2013
DEHP, Lead
Consent Judgment
In the enforcement action Brimer v. Franklin Financial Management, Inc., the Marin County Superior Court entered a judgment on January 9, 2013, which resolved citizen enforcer Russell Brimer's allegations that the defendant Franklin Financial Management, LLC ("Franklin") sold aprons containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP...
January 8, 2013
DEHP
Out-of-Court Settlement
Citizen enforcer John Moore and settling defendant Arlee Home Fashions, Inc. ("Arlee") entered into a Settlement Agreement on January 8, 2013, which resolved Moore's allegations that Arlee sold vinyl/PVC curtains containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health...
January 7, 2013
DEHP
Consent Judgment
The parties involved in the case Moore v. Croscill Home LLC executed a Consent Judgment on January 7, 2013, which resolved citizen enforcer John Moore’s allegations that the defendant Croscill Home LLC (“Croscill”) sold curtains containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing...
December 19, 2012
DEHP
Out-of-Court Settlement
On December 19, 2012, citizen enforcer John Moore and settling defendant LF USA Inc. ("LF") entered into a Settlement Agreement, which resolved Moore's allegations that LF sold placemats containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings. As part of the settlement, LF...
December 19, 2012
DEHP, Lead
Consent Judgment
On December 19, 2012, the Alameda County Superior Court entered a Consent Judgment in Moore v. M-D Building Products, Inc., which resolved citizen enforcer John Moore’s allegations that the defendant M-D Building Products, Inc. (“M-D”) sold vinyl stair treads containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and hand tools...
November 30, 2012
DEHP
Consent Judgment
Citizen enforcer John Moore's allegations against the defendant UMA Enterprises, Inc. ("UMA") were resolved on November 30, 2012, when the Alameda County Superior Court entered a Consent Judgment in Moore v. UMA Enterprises, Inc., settling Moore's allegations that UMA sold ottomans, stools, trunks, and other container boxes containing the phthalate...