Wozniak v. Bird-X, Inc.

Posted: 06/28/2017  browse the case archive

On June 28, 2017, citizen enforcer Paul Wozniak and settling party Bird-X, Inc. (“Bird-X”) entered into an out-of-court settlement agreement.  Wozniak had alleged that Bird-X sold vinyl/PVC balloons 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, Bird-X agreed not to sell any vinyl/PVC balloons in California after July 15, 2017, unless the balloons contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $29,000, 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.  

Download PDF

It appears your Web browser is not configured to display PDF files. No worries, just click here to download the PDF file.