Wozniak v. King Service Holding Inc.

On December 6, 2017, citizen enforcer Paul Wozniak and settling party King Service Holding Inc. (“King Service”) entered into an out-of-court settlement agreement. Wozniak had alleged that King Service sold portable greenhouses 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, King Service agreed not to sell any portable greenhouses in California after December 6, 2017, unless the greenhouses 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 $15,000, 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.