Moorberg v. FNA Group, Inc.

Citizen enforcer Mark Moorberg and settling party FNA Group, Inc. (“FNA”) entered into an out-of-court Settlement Agreement on June 24, 2014, which resolved Moorberg’s allegations that FNA sold hoses with metal fittings containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, FNA agreed not to sell any hoses with metal fittings in California after June 20, 2014, unless the hoses meet the reformulation requirements outlined in Section 2.1 of the Settlement or have Proposition 65 warnings provided pursuant to Section 2.2.  Should FNA provide written certification by October 15, 2014, and continuing into the future, that all hoses with metal fittings sold in California qualify as reformulated, Moorberg agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $31,750, 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.