Moorberg v. Impact Innovations, Inc.

The parties involved in the case Moorberg v. Impact Innovations, Inc. executed a Consent Judgment on March 3, 2016.  In this matter, citizen enforcer Mark Moorberg alleged that Custom LeatherCraft Mfg. Co., Inc. (“Impact Innovations”) sold vinyl/PVC holiday door decorations containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and glass and ceramic drinking vessels with exterior decorations containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Impact Innovations agreed not to sell any vinyl/PVC holiday door decorations or glass and ceramic drinking vessels with exterior decorations in California after the Santa Clara County Superior Court approves the Judgment, unless the products contain no more than 1,000 parts per million of DEHP or 90 parts per million of lead when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided.  Moorberg has agreed to waive a portion of the civil penalty should Impact Innovations provide Moorberg with certification that all vinyl/PVC holiday door decorations sold in California qualify as reformulated by November 1, 2016.

The Consent Judgment required settlement payments of $87,700, 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.