Wozniak v. U.S. Music Corporation

The parties involved in the enforcement action Wozniak v. Sam Ash Music Corporation, et al., executed a Consent Judgment on December 15, 2014.  In this matter, citizen enforcer Paul Wozniak alleged that U.S. Music Corporation (“U.S. Music”) sold 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 agreement, U.S. Music agreed not to sell any vinyl/PVC musical instrument cases in California after the Marin County Superior Court approves the Consent Judgment, unless the cases contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should U.S. Music provide written certification that all vinyl/PVC musical instrument cases sold in California qualify as reformulated by March 15, 2015, Wozniak agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $41,500, 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.