Moorberg v. LRI Holdings Company, LLC

The parties involved in the case Moorberg v. LRI Holdings Company, LLC executed a Consent Judgment on May 10, 2016.  In this matter, citizen enforcer Mark Moorberg alleged that LRI Holdings Company, LLC (“LRI”) sold vinyl/PVC eyewear cases 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, LRI agreed not to sell any vinyl/PVC eyewear cases in California after the May 2, 2016, unless the tags 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.  Should LRI provide Moorberg with certification by November 1, 2016 that all vinyl/PVC eyewear cases sold in California qualify as reformulated by the above standards, Moorberg has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of $26,500, 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.