Wozniak v. LF USA Inc.

Posted: 12/15/2014  browse the case archive

On December 15, 2014, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Paul Wozniak made against settling parties Homestead International Group LTD and GBG USA Inc. (formerly known as “LF USA Inc.”) (collectively here, “Homestead”).  In this matter, Wozniak alleged that Homestead sold glass jars with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Homestead agreed not to sell any glass jars with exterior designs in California after December 22, 2014, unless the containers contain no more than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies, or unless the containers are accompanied by Proposition 65 warnings.  Additionally, Homestead shall withdraw all unreformulated containers from its California retailers.  Should Homestead provide written certification by February 15, 2015, that all glass jars with exterior designs qualify as reformulated, Wozniak agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $39,750, 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.  

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