Vinocur v. Bergan, LLC

The parties executed a Consent Judgment in Vinocur v. Bergan, LLC, on June 3, 2013, which resolved citizen enforcer Laurence Vinocur’s allegations that the defendant Bergan, LLC (“Bergan”) sold pet carriers with handles 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, Bergan agreed not to sell any pet carriers with handles in California after August 15, 2013, unless the carriers contain no more 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.  Should Bergan provide written certification that all pet carriers sold in California after September 30, 2013, qualify as reformulated, Vinocur agreed to credit portions of the civil fine that would otherwise be applied; a 75% reformulation level would result in a reduced civil penalty.

The Consent Judgment requires settlement payments of $47,000, 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.