Vinocur and First Texas Settle Re: DEHP in Headphones

Posted: 08/12/2015  browse the blog archive
Vinocur and First Texas Settle Re: DEHP in Headphones

Laurence Vinocur has negotiated a settlement with First Texas Products, LLC in regard to alleged violations of Proposition 65.  Vinocur had alleged that First Texas sold headphones with vinyl/PVC components that contained the phthalate chemical DEHP without the requisite health hazard warning.  Proposition 65 requires that companies offering products for sale in California that contain chemicals known to the State to cause birth defects and/or reproductive harm, such as DEHP, must provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to paying civil penalties, First Texas has agreed to sell only reformulated headphones that are virtually free of not only DEHP, but additional phthalate chemicals DBP, BBP, and DINP.  All existing inventory shall be sold with Proposition 65 warnings provided.  Vinocur has also agreed to waive part of the civil penalty, as an incentive, should First Texas accelerate its reformulation timeline.

For more details and to read the settlement itself, please see the case summary on our website: Vinocur v. First Texas Products, LLC

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings