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

November 21, 2012
Lead
Out-of-Court Settlement
On November 21, 2012, citizen enforcer Peter Englander and settling defendant Fluker's Cricket Farm, Inc. ("Fluker's"), entered into an out-of-court Settlement Agreement, which resolved Englander's allegations that Fluker's sold clamp lamps with vinyl components containing the heavy metal lead in the State of California without providing the...
November 15, 2012
DEHP, Lead
Consent Judgment
On November 15, 2012, the Santa Clara County Superior Court entered a Consent Judgment in Englander v. Accoutrements LLC, which resolved citizen enforcer Peter Englander's allegations that the defendant, Accoutrements LLC ("Accoutrements"), sold placemats, toiletry cases/bags, shower curtains, and bandages containing the phthalate chemical di(2-ethylhexyl)...
November 5, 2012
DEHP
Out-of-Court Settlement
On November 5, 2012, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant Random House, Inc. ("Random House"), entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Random House sold books with vinyl covers containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of...
October 26, 2012
DEHP
Out-of-Court Settlement
On October 26, 2012, citizen enforcer Peter Englander and settling defendant Hallmart Collectibles, Inc. ("Hallmart"), entered into an out-of-court Settlement Agreement, which resolved Englander's allegations that Hallmart sold pillows containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing...
October 24, 2012
DEHP
Consent Judgment
On October 24, 2012, the Alameda County Superior Court entered a Consent Judgment in Moore v. Shinn Fu Company of America, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant Shinn Fu Company of America, Inc. ("Shinn Fu"), sold stools with vinyl seats containing the phthalate chemical di(2-ethylhexyl)phthalate ("...
October 23, 2012
DEHP
Consent Judgment
The Honorable Mark H. Pierce of the Santa Clara County Superior Court granted the parties’ motion to approve the Consent Judgment in the case Brimer et al. v. 3M Company, et al., on October 23, 2012.  This enforcement action resolved citizen enforcers Russell Brimer, John Moore, and Peter Englander’s allegations that sixteen defendants, including D.W.L....
October 12, 2012
DEHP
Consent Judgment
On October 12, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. Guitar Center, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant Guitar Center, Inc. ("Guitar Center"), sold benches with vinyl seats containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of...
October 4, 2012
Lead
Out-of-Court Settlement
On October 4, 2012, citizen enforcer Russell Brimer and settling defendants Rocking P, Inc. and River's Edge Products (collectively "Defendants") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that the Defendants sold light sets with cords containing the heavy metal lead in the State of California without providing...