Moorberg v. Olympic Mountain and Marine Products, Inc.

The parties involved in the case Moorberg v. Olympic Mountain and Marine Products, Inc. executed a Consent Judgment on January 20, 2015.  In this matter, citizen enforcer Mark Moorberg alleged that Olympic Mountain and Marine Products, Inc. (“Olympic”) sold decorative glass containers for bath products, including bath salts, soaps, and lotions, with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Olympic agreed not to sell any decorative glass containers in California after the Alameda County Superior Court approves the Judgment, unless the containers contain less than 90 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies, or have Proposition 65 warnings provided.  Should Olympic provide written certification that all decorative glass containers sold in California qualify as reformulated by January 31, 2015, Moorberg agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $49,000, 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.