Moorberg v. East Bay Restaurant Supply, Inc.

The parties involved in the case Moorberg v. East Bay Restaurant Supply, Inc. executed a Consent Judgment on December 10, 2014.  In this matter, citizen enforcer Mark Moorberg alleged that East Bay Restaurant Supply, Inc. (“EBRS”) sold pedometers with vinyl/PVC ID holders 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, EBRS agreed not to sell any pedometers with vinyl/PVC ID holders in California after December 15, 2014, unless the products contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should EBRS provide written certification that all pedometers with vinyl/PVC ID holders sold in California qualify as reformulated by November 30, 2015, Moorberg agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $51,500, 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.