Vinocur v. Columbia Sportswear Company

Citizen enforcer Laurence Vinocur’s allegations against defendant Columbia Sportswear Company (“Columbia”) were resolved on July 23, 2015, when the parties entered into a Consent Judgment.  In this matter, Vinocur alleged that Columbia sold tent fabrics containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and tris(2-chloroethyl)phosphate (“TCEP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Columbia agreed not to sell any tent fabrics in California after December 1, 2015, unless the fabric contains no detectable amount of TDCPP, TCEP, and tris(2,3-dibromopropyl)phosphate (“TDBPP”) when analyzed using state or federally approved testing methodologies. Should Columbia provide written certification that all tent fabric sold in California after October 15, 2015 qualifies as reformulated, Vinocur agreed to waive a portion of the civil fine. 

The Consent Judgment requires settlement payments of $60,750, 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.