Moorberg v. Lynco Distribution, Inc.

On March 5, Mark Moorberg and settling party Lynco Distribution, Inc. (“Lynco”) entered into an out-of-court settlement agreement.  Moorberg had alleged that Lynco sold tools with vinyl/PVC grips 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 settlement, Lynco agreed not to sell any tools with vinyl/PVC grips in California after March 2, 2015, unless the tools contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or bear a Proposition 65 warning pursuant to section 2.3 of the agreement.  Should Lynco provide Moorberg with written certification by July 15, 2015 that all tools with vinyl/PVC grips sold in California have been reformulated, Moorberg has agreed to waive a portion of the civil penalty.

The Settlement Agreement requires settlement payments of $35,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Moorberg and his counsel for their successful enforcement of this matter in the public interest.