Wozniak v. Kalan LP

On October 30, 2017, citizen enforcer Paul Wozniak and settling party Kalan LP (“Kalan”) entered into an out-of-court settlement agreement. Wozniak had alleged that Kalan sold vinyl/PVC suction cups 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, Kalan agreed not to sell any vinyl/PVC suction cups in California after December 3, 2017, unless the suction cups contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $17,500, 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.