Moorberg v. RGH Enterprises, Inc.

The parties involved in the case Moorberg v. RGH Enterprises, Inc. executed a Consent Judgment on March 3, 2015.  In this matter, citizen enforcer Mark Moorberg alleged that RGH Enterprises, Inc. (“RGH”) sold vinyl/PVC pants 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, RGH agreed not to sell any vinyl/PVC pants in California after the Santa Clara County Superior Court approves the Judgment, unless the pants 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 have Proposition 65 warnings provided.  Should RGH provide written certification that all vinyl/PVC pants sold in California qualify as reformulated by June 1, 2015, Moorberg agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $37,500, 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.