Moorberg v. Liberty Glove, Inc.

The parties involved in the case Moorberg v. Liberty Glove, Inc. executed a Consent Judgment on May 8, 2015.  In this matter, citizen enforcer Mark Moorberg alleged that Liberty Glove, Inc. (“Liberty Glove”) sold vinyl/PVC aprons 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, Liberty Glove agreed not to sell any vinyl/PVC aprons in California after May 30, 2015, unless the aprons contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or bear Proposition 65 warnings pursuant to section 2.2.  Should Liberty Glove provide written certification that all vinyl/PVC aprons sold in California qualify as reformulated by August 15, 2015, Moorberg agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $32,000, 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.