Vinocur v. American Metalcraft, Inc.

Posted: 06/13/2018  browse the case archive

On June 13, 2018, citizen enforcer Laurence Vinocur and settling party American Metalcraft, Inc. (“American Metalcraft”) entered into an out-of-court settlement agreement. Vinocur had alleged that American Metalcraft sold insulated food/beverage containers with vinyl/PVC components 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, American Metalcraft agreed not to sell any food/beverage containers with vinyl/PVC components in California after June 15, 2018, unless the food/beverage containers contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings included.

The Settlement Agreement requires settlement payments of $23,500, 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. 

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