Vinocur v. Bigmouth Inc.

On September 27, 2016, citizen enforcer Laurence Vinocur and settling party Bigmouth Inc. (“Bigmouth”) entered into an out-of-court settlement agreement.  Vinocur had alleged that Bigmouth sold tools with vinyl/PVC grips and vinyl/PVC erasers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and mugs with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Bigmouth agreed not to sell any tools with vinyl/PVC grips or vinyl/PVC erasers in California after October 15, 2016, unless the products contain less than 1,000 parts per million of DEHP by weight in any accessible component when analyzed using state or federally approved testing methodologies.  Bigmouth has also agreed not to sell any mugs with exterior designs unless the designs contain less than 90 ppm of lead by weight.  Products that do not confirm to the above reformulation requirements will be sold with Proposition 65 warnings provided.  Should Bigmouth provide Vinocur with written certification by May 15, 2017 that all tools with vinyl/PVC grips, vinyl/PVC erasers, and mugs with exterior designs sold in California qualify as reformulated products under the agreement, Vinocur agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of up to $37,500, 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.