Vinocur v. The Boppy Company, LLC

Whistleblower Laurence Vinocur resolved his allegations against the defendant The Boppy Company, LLC (“Boppy”) in the case Vinocur v. The Boppy Company, LLC when the parties executed a Consent Judgment on January 14, 2014.  In this enforcement action, Vinocur alleged that Boppy sold foam pregnancy cushions 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, Boppy agreed not to sell any foam pregnancy cushions in California after December 24, 2013, unless the cushions contain no detectable amount of TDCPP, tris(2-chloroethyl) phosphate (“TCEP”), and tris(2,3-dibromopropyl)phosphate (“TDBPP”) when analyzed using state or federally approved testing.  Additionally, Boppy agreed to provide its vendors with the reformulation standards by January 17, 2014, and instruct them to provide cushions that comply expeditiously. 

The Consent Judgment requires a total settlement payment of $48,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Vinocur and his counsel for their successful enforcement of this matter in the public interest.