Facts

Laurence Vinocur sued Yamaha Corporation of America relating to the sale of benches that allegedly contained the chemical DEHP.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Yamaha Corp. manufactured, imported, distributed and/or sold in California benches with vinyl/PVC seats that contained the chemical DEHP without the required Proposition 65 health warning.

Result

Under the terms of the consent judgment entered into between the parties, Yamaha will only manufacture reformulated products that contain no more than 1,000 parts per million DEHP. Yamaha is also required to notify vendors to provide only reformulated products in California and require certifications of compliance. Yamaha will pay 75 percent of $10,000 in civil penalties to the California Office of Environmental Health Hazard Assessment, and the remainder to Vinocur. It will also pay Vinocur $49,000 for his attorney fees and costs.