Tempur-Pedic president says lawsuit, ISPA work not at odds

Rick Anderson chairs bedding industry association

David Perry -- Furniture Today, June 29, 2009

Rick Anderson

LEXINGTON, Ky. — As chairman of the International Sleep Products Assn., Rick Anderson is a champion of industry unity. But as the president of Tempur-Pedic North America, he leads a company that is suing a broad cross-section of bedding producers, including key ISPA members and potential members.

Those two roles are not at odds, Anderson maintains.

"The environments are distinctly separate," he told Furniture/Today. "There very definitely is a distinction that can be drawn between the role that one plays as an executive of a corporation and that of chair of the industry's trade association."

Tempur-Pedic recently filed a patent infringement lawsuit against 14 manufacturers, naming the three largest U.S. producers - Sealy, Simmons and Serta - and a number of other producers, including Englander, Carpenter, Classic Sleep Products and Anatomic Global. Simmons is the largest producer in ISPA. Serta and Sealy are not ISPA members, but are considered key prospects.

Anderson originally tackled the issue of his role in the lawsuit in a letter to ISPA's board. It said in part, "Regrettably, some of the defendants named in the lawsuit are members of this board or are otherwise connected to ISPA. To say the least, this has resulted in a rare and somewhat awkward situation."

But Anderson said in that letter that he sees his ISPA work and his work at Tempur-Pedic "as separate issues." He wrote: "The dual role that all ISPA trustees play of representing our own companies as ISPA members while also serving the association's interests as trustees can create situations where the good of one's company is in direct conflict with the goals of other members. Many of us are, after all, competitors. While this may be the case, I believe it is also worthwhile to note that the efforts we are pursuing through ISPA are focused on strengthening the industry, which benefits all of our companies."

Anderson said he cannot comment on the lawsuit, "but suffice it to say that we have taken this action only after much thought and careful consideration and nothing about our actions is intended to be personal in any way."

He told Furniture/Today that the Tempur-Pedic lawsuit "is not the first lawsuit that this industry has experienced, nor will it be the last. It's simply a part of business. Overall, such efforts to protect technology and investment strengthen the industry."

Asked by the newspaper about Tempur-Pedic's action against Sealy and Serta, two major producers that ISPA hopes will rejoin the association, Anderson responded: "As for Serta and Sealy, they need to weigh the business value of their participation in ISPA. ... The entire ISPA board would welcome both Serta and Sealy, and all manufacturers in this industry, to get more directly involved in the association's efforts."

Anderson's role in the Tempur-Pedic litigation has sparked some in the industry to suggest that he should step down from his role as ISPA chairman. Asked if he had any plans to resign his ISPA post, Anderson said: "I serve at the will of the ISPA trustees. I am honored to have been selected to this position, and I will do everything in my power to effectively lead our association's efforts."