Vinocur v. Kmart Corporation

Citizen enforcer Laurence Vinocur’s allegations against defendant Kmart Corporation (“Kmart”) were resolved on November 13, 2015, when the parties entered into a Consent Judgment.  In this matter, Vinocur alleged that Kmart sold tents and shelters containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Kmart agreed not to sell any tents or shelters in California after September 1, 2015, unless the furniture contains no detectable amount of TDCPP and tris(2-chloroethyl) phosphate (“TCEP”) when analyzed using state or federally approved testing methodologies. Should Kmart provide written certification by October 20, 2015 that all tents and shelters sold in California after September 1, 2015 qualify as reformulated, Vinocur agreed to waive a portion of the civil fine.

The Consent Judgment requires settlement payments of $81,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Vinocur and his counsel for their successful enforcement of this matter in the public interest.