Wozniak v. Dollar General Corporation, et al.

The parties involved in the case Wozniak v. Dollar General Corporation, et al. executed a Consent Judgment on March 30, 2016.  In this matter, citizen enforcer Paul Wozniak alleged that Dollar General Corporation and Dolgencorp, LLC (collectively, “Dollar General”) sold vinyl/PVC storage baskets and pencil pouches containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and metal tape measures containing lead with vinyl/PVC hand straps containing DEHP in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Dollar General agreed not to sell any of the above products in California after the Santa Clara County Superior Court approves the Judgment, unless the pouches contain no more than 1,000 parts per million (“ppm”) of DEHP when analyzed using state or federally approved testing methodologies, and the tape measures contain no more than 1,000 ppm in any component or more than 90 ppm of lead in any component.  Dollar General has agreed to cease selling the baskets altogether.

The Consent Judgment required settlement payments of $28,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Vinocur and his counsel for their successful enforcement of this matter in the public interest.