Vinocur v. Absolute USA, Inc., et al.

On March 18, 2017, citizen enforcer Laurence Vinocur and settling party Absolute USA, Inc. and its affiliate entities SOS & Associates, Electra Warehouse, Al & Ed’s, Cache, Cerwin Vega Mobile, Diamond Audio, American Terminal, and Mr. DJ (collectively, “Absolute”) entered into an out-of-court settlement agreement.  Vinocur had alleged that Absolute sold vinyl/PVC cables, cords, and wires containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Absolute agreed not to sell any vinyl/PVC cables, cords, and wires in California after April 30, 2017, unless the cables contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $30,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Vinocur and his counsel for their successful enforcement of this matter in the public interest.