Wozniak v. Sunjeen, Inc.

Citizen enforcer Paul Wozniak and settling party Sunjeen, Inc. (“Sunjeen”) executed an out-of-court Settlement Agreement on February 5, 2015 on that resolved Wozniak’s allegations that Sunjeen sold vinyl/PVC sheet music folders and vinyl/PVC musical instrument cases 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, Sunjeen agreed not to sell any vinyl/PVC sheet music folders and vinyl/PVC musical instrument cases in California after March 7, 2015, unless the products contain less than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), and butyl benzyl phthalate (“BPP”) in any accessible component when analyzed using state or federally approved testing methodologies, or have Proposition 65 warnings provided.  Sunjeen has also agreed to provide this reformulation standard to its vendors and instruct them to provide products that comply expeditiously.  Should Sunjeen provide written certification by June 30, 2015, that all vinyl/PVC sheet music folders and musical instrument cases 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 $36,500, 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.