Moorberg v. Rexnord Corporation, et al.

The parties involved in the case Moorberg v. Rexnord Corporation, et al. executed a Consent Judgment on February 3, 2016.  In this matter, citizen enforcer Mark Moorberg alleged that Rexnord Corporation, RBS Global, Inc., and Zurn Industries, LLC, formerly known as Zurn Industries, Inc. (collectively, “Defendants”) 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 agreement, Defendants agreed not to sell any tools with vinyl/PVC grips in California sixty days after the Santa Clara County Superior Court approves the Judgment, unless the tools contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Consent Judgment required 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 whistleblower Moorberg and his counsel for their successful enforcement of this matter in the public interest.