Moorberg v. TFI, Inc.

The parties involved in the case Moorberg v. TFI, Inc. executed a Consent Judgment on May 24, 2016.  In this matter, citizen enforcer Mark Moorberg alleged that TFI, Inc. (“TFI”) sold planners with vinyl/PVC covers 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, TFI agreed not to sell any planners with vinyl/PVC covers in California after the Santa Clara County Superior Court enters the Judgment, unless the covers 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.  Should TFI provide Moorberg with certification by April 1, 2017 that all planners with vinyl/PVC covers sold in California qualify as reformulated by the above standards, Moorberg has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of $66,000, 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.