Wozniak v. Newell Rubbermaid Inc., et al

The parties involved in the case Wozniak v. Newell Rubbermaid Inc. executed a Consent Judgment on March 6, 2015.  In this matter, citizen enforcer Paul Wozniak alleged that Newell Rubbermaid Inc., Calphalon Corporation, Irwin Industrial Tool Company, and Sanford, L.P. (collectively, “Newell”) sold nylon cooking utensils containing the chemical 4,4’-methylenedianiline (“4,4’-MDA”) and vinyl/PVC tape and vinyl/PVC journal covers 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 agreement, Newell agreed not to sell any vinyl/PVC journal covers in California after March 15, 2015, unless the covers contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Newell has also agreed not to sell nylon cooking utensils in California after March 15, 2015 unless the utensils contain less than 200 ppm 4,4’-MDA.  Vinyl/PVC tape shall be sold with Proposition 65 warnings provided. 

The Consent Judgment required settlement payments of $71,000, 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.