Moore Negotiates Settlement with Norwood Promotional Products

Client John Moore has negotiated an agreement with Norwood Promotional Products in connection with alleged violations of Proposition 65.  Moore alleged that Norwood manufactured, imported, distributed, sold, and/or offered for sale in California backpacks and duffel bags containing di(2-ethylhexyl)phthalate (DEHP) and di-n-butyl phthalate (DBP), both chemicals known to the State of California to cause birth defects and/or other reproductive harm.  Under Proposition 65, companies selling products in California that contain DEHP and DBP must provide consumers with a health hazard warning, which Moore alleges Norwood did not do.

Norwood has agreed to manufacture, import, distribute, or sell in California only reformulated backpacks and duffel bags, that is, products with less than .1 percent DEHP and DBP.  Norwood has also agreed to pay $43,000 in civil penalties, 75 percent of which go to the State of California for public health and environment.  Moore has agreed to waive part of the penalty should Norwood accelerate the reformulation of its products.

Read the full settlement at our case summary: Moore v. Norwood Promotional Products, LLC.

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. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.