Moorberg v. Misty Mate, Inc.

On June 1, 2016, citizen enforcer Mark Moorberg and settling party Misty Mate, Inc. (“Misty Mate”) entered into an out-of-court settlement agreement.  Moorberg had alleged that Misty Mate sold personal coolers with vinyl/PVC hoses 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, Misty Mate agreed not to sell any personal coolers with vinyl/PVC hoses in California after June 2, 2016, unless the coolers contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided.  Should Misty Mate provide Moorberg with certification by October 1, 2016 that all personal coolers with vinyl/PVC hoses sold in California qualify as reformulated according to the above standards, Moorberg has agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of up to $31,000, 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.