Wozniak v. Toys “R” Us

On May 22, 2015, citizen enforcer Paul Wozniak and settling party Toys “R” Us (“TRU”) executed a Consent Judgment.  In this matter, Wozniak alleged that TRU sold headphones with vinyl/PVC cushions 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, TRU agreed not to sell any headphones with vinyl/PVC cushions in California after the Alameda County Superior Court approves the Judgment, unless the headphones contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Should TRU provide written certification that all headphones with vinyl/PVC cushions sold in California qualify as reformulated by June 30, 2015, Wozniak agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $44,200, 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.