Vinocur v. Apex Medical Corporation

In the enforcement action Vinocur v. Apex Medical Corporation, et al., citizen enforcer Laurence Vinocur’s allegations against defendant Apex Medical Corporation (“Apex”) were resolved on June 27, 2014, when the parties executed a Consent Judgment.  In this matter, Vinocur alleged that Apex sold vinyl/PVC pill wallets/containers and medication organizers made with materials containing the phthalate chemical di(2-exylhexyl)phthalate (“DEHP”) and pillow products with foam cushion components containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Apex agreed not to sell any vinyl/PVC pill wallets/containers or pillow products with foam cushioned components in California after August 1, 2014, unless the products contain no more than .1% DEHP or 25 parts per million (“ppm”) TDCPP when analyzed using state or federally approved testing methodologies, or unless the products are sold with a clear and reasonable warning.  Should Apex provide written certification by November 1, 2014 that all of its products with foam cushioned components sold in California qualify as reformulated, Vinocur agreed to waive a portion of the civil fine. 

The Consent Judgment requires settlement payments of $80,000, 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.