Wozniak v. Hot Focus, Inc.

Posted: 08/25/2017  browse the case archive

The parties involved in the case Wozniak v. Hot Focus, Inc. executed a Consent Judgment on August 25, 2017.  In this matter, citizen enforcer Paul Wozniak alleged that Hot Focus, Inc. (“Hot Focus”) sold vinyl/PVC pouches and vinyl/PVC pen toppers 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 agreement, Hot Focus agreed not to sell any vinyl/PVC pouches or vinyl/PVC pen toppers in California after the San Francisco County Superior Court approves the Judgment, unless the products contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Consent Judgment required settlement payments of up to $36,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Wozniak and his counsel for their successful enforcement of this matter in the public interest.   

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