Vinocur v. Ontel Products Corporation

Whistleblower Laurence Vinocur resolved his allegations against the defendant Ontel Products Corporation (“Ontel”) in the case Vinocur v. Studio Designs, Inc., et al. when the parties executed a Consent Judgment on May 19, 2014.  In this enforcement action, Vinocur alleged that Ontel sold orthopedic seat cushions with foam padding containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and tris(2-chloroethyl) phosphate (“TCEP”) in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Ontel agreed not to sell any seat cushions in California after June 1, 2014, unless the cushions contain no detectable amount of TDCPP or TCEP when analyzed using state or federally approved testing.  Cushions already existing in inventory must be sold with Proposition 65 warnings provided.  Additionally, Ontel agreed to provide its vendors with the reformulation standards and instruct them to provide cushions that comply expeditiously. 

The Consent Judgment requires a total settlement payment of $46,000, 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.