Vinocur v. Diono, LLC

Citizen enforcer Laurence Vinocur’s allegations against defendant Diono, LLC (“Diono”) were resolved on September 11, 2013, when the parties executed a Consent Judgment.  In this matter, Vinocur alleged that Diono sold upholstered children’s car seats with foam padding containing tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and vinyl/PVC rain covers 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, Diono agreed not to sell any of the covered products in California after March 31, 2014, unless they contain no more than 25 parts per million each of TDCPP, tris(2,3-dibromopropyl)phosphate (“TDBPP”) or tris(2-chloroethyl) phosphate (“TCEP”) and no more than 1,000 parts per million of DEHP, butyl benzyl phthalate (“BBP”), and di-n-butyl phthalate (“DBP”) when analyzed using state or federally approved testing methodologies. Additionally, Diono agreed to provide its vendors with the reformulation standards by September 30, 2013, and instruct them to provide products that comply expeditiously.  Products currently existing in Diono’s inventory may be sold with Proposition 65 warnings provided.  Should Diono provide written certification that all products sold in California after November 1, 2013 qualify as reformulated, Vinocur agreed to waive a portion of the civil fine.  Additionally, Vinocur provided a credit for nationwide reformulation, among other credits available, if Diono should provide written certification that all products sold in the United States after March 15, 2014, qualify as reformulated.

The Consent Judgment requires settlement payments of $115,000, 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.