Moorberg v. Yasutomo Inc.

Posted: 11/17/2015  browse the case archive

On November 17, 2015, citizen enforcer Mark Moorberg and settling party Yasutomo Inc. ( “Yasutomo”) entered into an out-of-court settlement agreement.  Moorberg had alleged that Yasutomo sold pouches with vinyl/PVC components 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, Yasutomo agreed not to sell any pouches with vinyl/PVC components in California after January 5, 2016, unless the pouches contain less than 1,000 parts per million of DEHP in each component when analyzed using state or federally approved testing methodologies.  Should Yasutomo accelerate reformulation and provide Moorberg with written certification by November 20, 2015 that all pouches with vinyl/PVC components sold in California qualify as reformulated products under the agreement, Moorberg agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $26,000, 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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