Moorberg v. Berry Plastics Group, Inc., et al.

The parties involved in the case Moorberg v. Berry Plastics Group, Inc. et al. executed a Consent Judgment on August 31, 2016.  In this matter, citizen enforcer Mark Moorberg alleged that Berry Plastics Group, Inc. and Berry Plastics Corporation (“Berry Plastics”) sold vinyl/PVC electrical tape containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Berry Plastics agreed not to sell any vinyl/PVC electrical tape in California after June 1, 2016, unless the tape contains no more than 1,000 parts per million of DEHP in each accessible component when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.

The Consent Judgment required settlement payments of $60,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Moorberg and his counsel for their successful enforcement of this matter in the public interest.