Vinocur v. Deluxe Trailer Supply Center, Inc.

On March 22, 2019, citizen enforcer Laurence Vinocur and settling party Deluxe Trailer Supply Center, Inc. (“Deluxe Trailer”) entered into an out-of-court settlement agreement. Vinocur had alleged that Deluxe Trailer sold test lights with vinyl components 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, Deluxe Trailer agreed not to sell any test lights with vinyl components in California after March 29, 2019, unless the test lights contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided. Should Deluxe Trailer provide Vinocur with written certification no later than December 1, 2019 that Deluxe Trailer has met the reformulation standard as set out above,  then Vinocur has agreed to waive a portion of the civil penalty.

 

The Settlement Agreement requires settlement payments of up to $31,300, 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.