Vinocur v. Militti Sales & Promotions, L.L.C.

On September 6, 2016, citizen enforcer Laurence Vinocur and settling party Militti Sales & Promotions, L.L.C. (“Militti”) entered into an out-of-court settlement agreement.  Vinocur had alleged that Militti sold earphones with vinyl/PVC cords containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Militti agreed not to sell any earphones with vinyl cords in California after December 1, 2016, unless the mats contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should Militti provide Vinocur with certification by January 6, 2017 that all earphones with vinyl cords sold in California meet the above reformulation standards, Vinocur agreed to waive a portion of the civil penalty.

The Settlement Agreement requires settlement payments of up to $18,500, 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.