Vinocur v. Airgas USA, LLC

Posted: 05/29/2018  browse the case archive
The parties involved in the case Vinocur v. Airgas USA, LLC executed a Consent Judgment on May 29, 2018.  In this matter, citizen enforcer Laurence Vinocur alleged that Airgas USA, LLC (“Airgas”) sold vinyl/PVC tool pouches and telescopic mirrors containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and/or the heavy metal lead in the State of California without providing the requisite health hazard warnings.  
 
As part of the agreement, Airgas agreed not to sell any vinyl/PVC tool pouches and/or telescopic mirrors in California after the San Francisco County Superior Court approves the Judgment, unless the tool pouches and/or telescopic mirrors contain no more than 1,000 parts per million (“ppm”) of DEHP or 90 ppm of lead when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.
 
The Consent Judgment required settlement payments of up to $47,750, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Vinocur and his counsel for their successful enforcement of this matter in the public interest.   
 
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