Facts

Paul Wozniak sued 99 Cents Only Stores LLC relating to its sale of earphones.

PLAINTIFF'S CONTENTIONS:
Wozniak contended that the store violated Proposition 65 when it failed to warn its customers in California that the earphones with vinyl/PVC cords contained di(2-ethylhexyl)phthalate (DEHP).

DEFENDANT'S CONTENTIONS:
99 Cents Only Stores denied the allegations and contended that its products were in compliance with the law.

Result

Pursuant to the consent judgment entered into between the parties, 99 Cents Only Stores agreed to reformulate the products to contain a maximum DEHP concentration of 0.1 percent (1,000 parts per million). It will also pay $4,000 in civil penalties, with 75 percent going to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent going to Wozniak. 99 Cents Only Stores will also reimburse Wozniak for his attorney fees and costs in the amount of $33,000.

Other Information

FILING DATE: Dec. 3, 2014.