Wozniak v. Johnson Outdoors Gear, Inc.

The parties involved in the case Wozniak v. Johnson Outdoors Gear, Inc. executed a Consent Judgment on February 26, 2015.  In this matter, citizen enforcer Paul Wozniak alleged that Johnson Outdoors Gear, Inc. (“Johnson”) sold tools with vinyl/PVC grips containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Johnson agreed not to sell any tools with vinyl/PVC grips in California after the Alameda County Superior Court approves the Judgment, unless the tool grips contain no more than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Johnson provide written certification that all tools with vinyl/PVC grips sold in California qualify as reformulated May 15, 2015, Wozniak agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $42,500, 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.