Vinocur v. IKEA Holding US, Inc. and IKEA North America Services, LLC

Posted: 09/03/2013  browse the case archive

Citizen enforcer Laurence Vinocur’s allegations against settling parties IKEA Holding US, Inc. and IKEA North America Services, LLC (collectively “IKEA”) were resolved on September 3, 2013, when the parties entered into an out-of-court Settlement Agreement.  In this matter, Vinocur alleged that IKEA sold changing pads with polyurethane foam containing 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, IKEA agreed not to sell any changing pads in California after March 31, 2014, unless the changing pads contain no more than 25 parts per million each of TDCPP, tris(2,3-dibromopropyl)phosphate (“TDBPP”) or tris(2-chloroethyl) phosphate (“TCEP”) in any accessible component when analyzed using state or federally approved testing methodologies. If IKEA should learn that a changing pad it sells violates the reformulation standard, IKEA shall notify its supplier of the reformulation standards and remove the changing pad from sale in California.  Should IKEA provide written certification that all changing pads sold in California after November 1, 2013 qualify as reformulated, Vinocur agreed to waive a portion of the civil fine that would otherwise be applied.  Additionally, Vinocur provided a credit for nationwide reformulation if IKEA should provide written certification that all changing pads sold in the United States after November 1, 2013, should qualify as reformulated.

The Settlement Agreement requires settlement payments of $99,000, 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.

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