Wozniak v. Jim O’Neal Distributing, Inc.

On July 5, 2017, citizen enforcer Paul Wozniak and settling party Jim O’Neal Distributing, Inc. (“Jim O’Neal”) entered into an out-of-court settlement agreement.  Wozniak had alleged that Jim O’Neal sold gloves with vinyl/PVC components 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, Jim O’Neal agreed not to sell any gloves with vinyl/PVC components in California after July 5, 2017, unless the gloves contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $21,000, 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.