Vinocur v. Marmot Mountain, LLC

The parties involved in the case Vinocur v. Marmot Mountain, LLC executed a Consent Judgment on February 9, 2016.  In this matter, citizen enforcer Laurence Vinocur alleged that Marmot Mountain, LLC (“Marmot”) sold tent and/or shelter fabrics containing the flame retardant chemical tris(1,3-dichloro-2-propyl)phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Marmot agreed not to sell any tent and/or shelter fabrics in California after June 15, 2016, unless the headphones contain no more than 25 parts per million of TDCPP, tris(2-chloroethyl)phosphate (“TCEP”) and/or tris(2,3-dibromopropyl)phosphate (“TDBPP”) in any accessible component when analyzed using state or federally approved testing methodologies.  Should Marmot accelerate reformulation and provide Vinocur with certification by April 15, 2016 that all tent and/or shelter fabrics sold in California qualify as reformulated per the above specifications, Vinocur has agreed to waive a portion of the civil fine.

The Consent Judgment required settlement payments of $64,000, 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.