Moorberg v. Polyconcept North America, Inc.

Posted: 10/03/2014  browse the case archive

Whistleblower Mark Moorberg and settling party Polyconcept North America, Inc., including Leedsworld, Inc. and Leed’s (collectively “Polyconcept”) entered into an out-of-court Settlement Agreement on October 3, 2014, which resolved Moorberg’s allegations that Polyconcept sold mugs with vinyl/PVC sleeves 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, Polyconcept agreed not to sell any mugs with vinyl/PVC sleeves in California after November 4, 2014, unless the sleeves contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or Proposition 65 warnings are provided.  Should Polyconcept provide written certification that by March 15, 2015, and continuing into the future, all mugs with vinyl/PVC sleeves sold in California qualify as reformulated, Moorberg agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $38,500, 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.  

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