Vinocur v. Joovy Holding Co.

Whistleblower Laurence Vinocur resolved his allegations against the defendant Joovy Holding Co. (“Joovy”) in the case Vinocur v. Joovy Holding Co. when the parties executed a Consent Judgment on February 13, 2014.  In this enforcement action, Vinocur alleged that Joovy sold foam cushioned high chairs containing the flame retardant 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, Joovy agreed not to sell any foam cushioned high chairs in California after November 1, 2013, unless the high chairs contain no detectable amount of TDCPP when analyzed using state or federally approved testing.  Vinocur provided a credit for extending the breadth of reformulation, among other credits available, if Joovy should provide written certification that all high chairs sold in California after March 15, 2014, contain no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TDCPP requirement.

The Consent Judgment requires a total settlement payment of $62,250, 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.