Vinocur v. Keystone Foam Corporation

Whistleblower Laurence Vinocur resolved his allegations against the defendant Keystone Foam Corporation (“Keystone”) in the case Vinocur v. Keystone Foam Corporation when the parties executed a Consent Judgment on February 28, 2014.  In this enforcement action, Vinocur alleged that Keystone sold foam cushioned products such as footstools and ottomans 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, Keystone agreed not to sell any foam products in California after August 1, 2014, unless the products contain no detectable amount of TDCPP or tris(2-chloroethyl) phosphate (“TCEP”) when analyzed using state or federally approved testing.  Products already existing in inventory must be sold with Proposition 65 warnings provided.  Keystone agreed to provide its vendors with the reformulation standards and instruct them to provide products that comply expeditiously.  Should Keystone accelerate reformulation and provide written certification that its products are reformulated by May 15, 2014, Vinocur agreed to waive a portion of the civil fine.  Additionally, Vinocur provided a credit for extending the breadth of reformulation, among other credits available, if Keystone should provide written certification that all products sold in California after August 1, 2014, contain no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TDCPP and TCEP requirement.

The Consent Judgment requires a total settlement payment of $51,000, 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.