Wozniak v. Big Lots, Inc., et al.

Posted: 02/13/2016  browse the case archive

Citizen enforcer Paul Wozniak and settling parties Big Lots, Inc. and Big Lots Stores, Inc.  (collectively, “Big Lots”) entered into an out-of-court settlement agreement on February 13, 2016.  Wozniak had alleged that Big Lots sold nylon cooking utensils containing the chemical 4,4'-methylenedianiline (“4,4'-MDA”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Big Lots agreed not to sell any nylon cooking utensils in California after February 13, 2016, unless the utensils contain less than 200 parts per million of 4,4'MDA when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of up to $40,000, 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.  

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