Wozniak v. The Music Link Corporation

Citizen enforcer Paul Wozniak and settling party The Music Link Corporation (“Music Link”) entered into an out-of-court Settlement Agreement on October 21, 2014, which resolved Wozniak’s allegations that Music Link sold both drum stools with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and heavy metal lead and instrument bags containing lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Music Link agreed not to sell any drum stools with vinyl/PVC upholstery or instrument bags in California after October 15, 2014, unless the drum stools and instrument bags meet the reformulation requirements outlined in Section 2.1 of the Settlement Agreement or have Proposition 65 warnings provided pursuant to Section 2.2.  Should Music Link provide written certification by January 15, 2015, and continuing into the future, that all drum stools and instrument bags sold in California 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 $38,500, 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.