Wozniak v. Ascent Solar Technologies, Inc.
On June 8, 2017, citizen enforcer Paul Wozniak and settling party Ascent Solar Technologies, Inc. (“Ascent”) entered into an out-of-court settlement agreement. Wozniak had alleged that Ascent sold earbuds with vinyl/PVC components 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, Ascent agreed not to sell any earbuds with vinyl/PVC components in California after June 9, 2017, unless the earbuds contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.
The Settlement Agreement requires settlement payments of $23,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Wozniak and his counsel for their successful enforcement of this matter in the public interest.