Moorberg v. Jobar International, Inc.

The parties involved in the case Moorberg v. Jobar International, Inc. executed a Consent Judgment on December 14, 2015.  In this matter, citizen enforcer Mark Moorberg alleged that Jobar International, Inc. (collectively, “Jobar”) sold vinyl/PVC back stretchers and vinyl/PVC toilet seat cushions 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, Jobar agreed not to sell any vinyl/PVC back stretchers or vinyl/PVC toilet seat cushions in California after December 30, 2015, unless the stretchers and seat cushions contain no more than 1,000 parts per million of DEHP 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 Jobar provide Moorberg with certification that all vinyl/PVC back stretchers and vinyl/PVC toilet seat cushions sold in California qualify as reformulated by July 1, 2016.

The Consent Judgment required settlement payments of $42,750, 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.