Vinocur v. Bojer, Inc.

Whistleblower Laurence Vinocur resolved his allegations against the defendant Bojer, Inc. (“Bojer”) in the case Vinocur v. Bojer, Inc. when the parties executed a Consent Judgment on May 16, 2014.  In this enforcement action, Vinocur alleged that Bojer sold foam-filled seat cushions 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, Bojer agreed not to sell any foam-filled seat cushions in California after March 31, 2014, unless the cushions contain no detectable amount of TDCPP or tris(2-chloroethyl) phosphate (“TCEP”) when analyzed using state or federally approved testing.  Additionally, Bojer agreed to provide its vendors with the reformulation standards by May 15, 2014, and instruct them to provide cushions that comply expeditiously.  Foam cushions currently existing in inventory must be sold with Proposition 65 warnings provided.  Should Bojer provide written certification that in addition to meeting the TDCPP and TCEP reformulation standard, its products also do not contain a detectable amount of tris(2,3-dibromopropyl)phosphate (“TDBPP”), Vinocur agreed to waive a portion of the civil fine. 

The Consent Judgment requires a total settlement payment of $49,000, 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.