Wozniak v. Eze-Lap Diamond Products, Inc.

On October 9, 2014, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Paul Wozniak made against settling party Eze-Lap Diamond Products, Inc. (“Eze-Lap”).  In this matter, Wozniak alleged that Eze-Lap sold metal diamond sharpeners containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Eze-Lap agreed not to sell any diamond sharpeners in California after January 1, 2015, unless the diamond sharpeners contain no more than 90 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies or the appropriate Proposition 65 warnings are provided.  Should Eze-Lap provide written certification by February 15, 2015, that either a statutory exemption applies or that all metal diamond sharpeners sold in California qualify as reformulated, Wozniak agreed to waive a portion of the civil fine that would otherwise be applied.  

The Settlement Agreement requires settlement payments of $37,500, 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.