Wozniak v. Thexton Manufacturing Company

The parties involved in the case Wozniak v. Thexton Manufacturing Company executed a Consent Judgment on March 28, 2018.  In this matter, citizen enforcer Paul Wozniak alleged that Thexton Manufacturing Company (“Thexton”) sold circuit testers with vinyl/PVC cords and clamp handle grips 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, Thexton agreed not to sell any circuit testers with vinyl/PVC cords and clamp handle grips in California after the Marin County Superior Court approves the Judgment, unless the circuit testers contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Consent Judgment required settlement payments of up to $27,000, 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.