Moorberg Settles with W.J. Deutsch & Sons Re: DEHP in Carrying Cases

Posted: 10/28/2015  browse the blog archive
Moorberg Settles with W.J. Deutsch & Sons Re: DEHP in Carrying Cases

Mark Moorberg has entered into an out-of-court settlement agreement with W.J. Deutsch & Sons in regards to alleged violations of Proposition 65.  Moorberg alleged that WJD sold carrying cases that contained the phthalate chemical DEHP without the requisite health hazard warnings. 

DEHP is known to the State of California to cause birth defects and other reproductive harm, and under Proposition 65 law, companies offering products for sale that contain DEHP must provide consumers with a “clear and reasonable” warning of the risk of exposure.

In addition to paying civil penalties, WJD has agreed to sell only versions of the product that have been reformulated to be free of DEHP.  As an incentive to accelerate reformulation, Moorberg has agreed to waive part of the civil penalty should WJD accelerate this reformulation and provide Moorberg with certification by January 1, 2016.

For more details and to read the settlement itself, please see the case summary on our website: Moorberg v. W.J. Deutsch & Sons Ltd.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings