Wozniak Files Complaint Against Toys "R" Us

Our client Paul Wozniak filed a complaint last week against Toys “R” Us, Inc. alleging that the massive toy retailer offered for sale headphones containing di(2-ethylhexyl)phthalate (DEHP) without the required health hazard warning.  DEHP is a chemical known to the State of California to cause birth defects and/or other reproductive harm, and products sold in California containing DEHP must be accompanied by a health hazard warning.

Wozniak sent a 60-Day Notice of Proposition 65 Violation to Toys “R” Us, the California Attorney General’s Office, and certain public enforcement agencies on March 26, 2014.  When appropriate public enforcement agencies failed to act, Wozniak opted to file the complaint himself.  Wozniak seeks civil penalties, an injunction to prevent the Defendant from manufacturing, distributing, or offering the products for sale without first providing a “clear and reasonable warning,” and other relief as the Court deems just and proper.

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.