Wozniak Negotiates Settlement with Toys ‘R’ Us Over DEHP in Headphones

Paul Wozniak has successfully negotiated a settlement with major toy retailer Toys “R” Us in regards to alleged violations of Proposition 65.  Wozniak alleged that Toys “R” Us offered for sale headphones with vinyl/PVC ear cushions that contained the phthalate chemical, DEHP, known to the State of California to cause birth defects and/or other reproductive harm.  Under Proposition 65 law, companies offering products for sale in California that contain DEHP must provide consumers with a “clear and reasonable” warning of the risks of exposure, which Wozniak alleged Toys “R” Us did not provide.

In addition to paying civil penalties, Toys “R” Us has agreed to sell only reformulated headphones that are virtually free of DEHP.  Should Toys “R” Us accelerate this reformulation and provide written certification to Wozniak that all headphones sold in California qualify as reformulated by June 30, 2015, Wozniak has agreed to waive a significant portion of the civil penalties.

You can read the settlement itself on the case summary page on our website: Wozniak v. Toys “R” Us

 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.