Moorberg v. MSA Safety, Inc.

On August 18, 2015, citizen enforcer Mark Moorberg and settling party MSA Safety, Inc. (“MSA”) entered into an out-of-court settlement agreement.  Moorberg had alleged that MSA sold vinyl/PVC ear plug cords and safety vests 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, MSA agreed not to sell any vinyl/PVC ear plug cords or safety vests in California after October 15, 2015, unless the cords or vests contain less than 1,000 parts per million of DEHP or have Proposition 65 warnings provided.  Should MSA provide Moorberg with written certification by February 10, 2016 that all vinyl/PVC ear plug cords and safety vests sold in California qualify as reformulated products under the agreement, Moorberg agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $59,000, 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.