CEH Targets Flame Retardant in 60-Day Notices

The Center for Environmental Health (“CEH”) recently issued four 60-day notices of intent to sue for alleged exposure to tris (1,3-dichloro-2-propyl) phosphate (“TDCPP”) from furniture and baby products. TDCPP is a flame retardant and is listed as a Proposition 65 carcinogen. It was listed on October 28, 2011, and the requirement to warn became effective on October 28, 2012. On December 6, 2012, CEH issued notices to Bed Bath & Beyond, Inc., Target Corporation, and Delta Enterprise Corp. alleging exposure to TDCPP from foam-cushioned upholstered furniture. CEH also issued notices on December 6, 2012 to A Baby Inc., Amazon.com, Inc., Angeles Corporation, Baby Doll Bedding, Inc., Baby Doll Infants Wear Co., Inc., Delta Enterprise Corp., Dex Products, Inc., Foundations Worldwide, Inc., Hayneedle, Inc., Kmart Corporation, Venture Products LLC, Wal-Mart Stores, Inc., and Wayfair LLC alleging exposure to TDCPP from foam-cushioned pads for infants and children to lie on. On November 20, 2012, CEH issued notices to Baby Delight, Inc. , Baby Matters LLC, Childrens Factory, Inc., Lakeshore Equipment Company, Munchkin, Inc., Peerless Products, Inc., School Specialty, Inc., Target Corporation, and Toys “R” Us-Delaware, Inc. alleging exposure to TDCPP from foam-cushioned pads for children. CEH also issued notices on November 20, 2012 to Bed Bath & Beyond and Carpenter Company concerning alleged exposure to TDCPP from fFoam cushioned mattress toppers.