Wozniak v. SUPERVALU INC.

On February 23, 2016, citizen enforcer Paul Wozniak and settling party SUPERVALU INC. (“Supervalu”) entered into an out-of-court settlement agreement.  Wozniak had alleged that Supervalu sold nylon cooking utensils containing the chemical 4,4’-methylenedianiline (“4,4’-MDA”) and vinyl/PVC bracelets 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, Supervalu agreed not to sell any vinyl/PVC bracelets or nylon cooking utensils in California after February 23, 2016, unless the products contain less than 1,000 parts per million of DEHP and less than 200 ppm of 4,4’-MDA when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $30,000, 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.