Vinocur v. Everhard Products, Inc.

On December 6, 2016, citizen enforcer Laurence Vinocur and settling party Everhard Products, Inc. (“Everhard”) entered into an out-of-court settlement agreement.  Vinocur had alleged that Everhard sold vinyl tool grips 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, Everhard agreed not to sell any vinyl tool grips in California after December 8, 2016, unless the grips contain less than 1,000 parts per million of DEHP or have Proposition 65 warnings provided.  Everhard will not provide, nor require nor request, a Proposition 65 warning unless the product is known to contain a Proposition 65 listed chemical.

The Settlement Agreement requires settlement payments of $23,750, 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.