Wozniak v. Fox Run USA, LLC

On January 4, 2016, citizen enforcer Paul Wozniak and settling party Fox Run USA, LLC (“Fox Run”) entered into an out-of-court settlement agreement.  Wozniak had alleged that Fox Run sold nylon cooking utensils containing 4,4’-methylenedianiline (“4,4’-MDA”) and glass dressing shaker bottles with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Fox Run agreed not to sell any nylon cooking utensils and/or glass dressing shaker bottles with exterior designs in California after April 13, 2016, unless the utensils and exterior designs contain less than 200 parts per million (“ppm”) of 4,4’-MDA and less than 100 ppm of lead when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $22,000, 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.