Wozniak v. 99 Cents Only Stores LLC

The parties involved in the case Wozniak v. 99 Cents Only Stores LLC executed a Consent Judgment on October 12, 2015.  In this matter, citizen enforcer Paul Wozniak alleged that 99 Cents Only Stores LLC (“99 Cents”) 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 agreement, 99 Cents agreed not to sell any earphones with vinyl/PVC cords in California after the Santa Clara County Superior Court approves the Judgment, unless the cords contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Consent Judgment required settlement payments of $37,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Wozniak and his counsel for their successful enforcement of this matter in the public interest.