Vinocur Negotiates Agreement with Kids II re: Flame Retardant Chemicals in Children’s Products
The Hon. George C. Hernandez, Jr. of the Alameda County Superior Court approved and entered the judgment in Vinocur v. Kids II, Inc. on July 31 regarding the alleged presence of tris(1,3-dichloro-2-propyl)phosphate (TDCPP) in nursing pillows and activity gyms manufactured, imported, sold, and/or distributed for sale in California by Kids II. TDCPP is a flame retardant chemical known to the State of California to cause cancer, and companies offering products for sale that contain TDCPP must provide consumers with a health hazard warning. Vinocur alleged that Kids II failed to provide such warnings with its products.
As part of the agreement, Kids II has agreed to notify its vendors to provide them only with reformulated products, or products that contain no detectable amounts of TDCPP. Kids II’s current inventory will be sold with Proposition 65 warnings. Kids II will also pay $55,000 in civil penalties, 75 percent of which will go to the State of California to benefit public health and the environment. Vinocur has agreed to waive part of the penalty if Kids II extends its reformulation to include tris(2,3-dibromopropyl)phosphate (TDBPP), another flame retardant known to the State of California to cause cancer. Yet another portion of the penalty will be waived if Kids II provides certification that it will distribute, offer for sale, or sell to Californians only reformulated products.
Read the full details of the settlement at the case summary: Vinocur v. Kids II, Inc.
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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.