Wozniak v. B&B Acquisition, Inc.

On March 16, 2015, Paul Wozniak and settling party B&B Acquisition, Inc. dba Candle Warmers Etc. (“B&B”) entered into an out-of-court settlement agreement.  Wozniak had alleged that B&B sold candle warmers with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, B&B agreed not to sell any candle warmers with exterior designs in California after March 31, 2015, unless the exterior decorations contain less than 1 microgram of lead when analyzed using state or federally approved testing methodologies, or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $24,000, 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.