Wozniak v. Bed Bath & Beyond, Inc.

On January 29, 2018, citizen enforcer Paul Wozniak and settling party Bed Bath & Beyond, Inc. (“BB&B”) entered into an out-of-court settlement agreement. Wozniak had alleged that BB&B sold tools with vinyl/PVC grips 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, BB&B agreed not to sell any tools with vinyl/PVC grips in California after February 10, 2018, unless the hoses contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $18,000, 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.