Vinocur v. The Music People

In the enforcement action Vinocur v. True Design, Inc., et al., citizen enforcer Laurence Vinocur’s allegations against defendant The Music People (“Music People”) were resolved on May 20, 2014, when the parties executed a Consent Judgment.  In this matter, Vinocur alleged that Music People sold upholstered furniture products including benches with foam padding containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and keyboard/piano benches with vinyl/PVC seats 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, Music People agreed not to sell any covered furniture in California after June 30, 2014, unless the furniture contains no detectable amount of tris(2-chloroethyl) phosphate (“TCEP”) and TDCPP and no more than 1,000 parts per million of DEHP, BBP, and DBP when analyzed using state or federally approved testing methodologies.  Music People also provided its vendors with the reformulation standards and instructed them to provide furniture that complies expeditiously.  Furniture currently existing in Music People’s inventory must be sold with Proposition 65 warnings provided. 

The Consent Judgment requires settlement payments of $55,000, 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.