Vinocur v. Kids II, Inc.

Posted: 04/09/2014  browse the case archive

Whistleblower Laurence Vinocur resolved his allegations against the defendant Kids II, Inc. (“Kids II”) in the case Vinocur v. Kids II, Inc. when the parties executed a Consent Judgment on April 9, 2014.  In this enforcement action, Vinocur alleged that Kids II sold foam cushioned nursery pillows and activity gyms 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, Kids II agreed not to sell any foam cushioned nursery pillows or activity gyms in California after March 31, 2014, unless the products contain no detectable amount of TDCPP when analyzed using state or federally approved testing.   Additionally, by April 15, 2014, Kids II agreed to notify its vendors of the reformulation standards and instruct them to provide products that comply.  Nursery pillows and activity gyms currently existing in inventory must be sold with Proposition 65 warnings provided.  Vinocur provided a credit for extending the breadth of reformulation, among other credits available, if Kids II should provide written certification that all nursery pillows and activity gyms sold in California after March 31, 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 $100,000, 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.

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