Moorberg v. Yonex Corporation

Posted: 07/04/2016  browse the case archive

The parties involved in the case Moorberg v. Yonex Corporation executed a Consent Judgment on August 4, 2016.  In this matter, citizen enforcer Mark Moorberg alleged that Yonex Corporation (“Yonex”) sold vinyl/PVC racquet cases 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, Yonex agreed not to sell any vinyl/PVC racquet cases in California after November 4, 2016, unless the cases 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 has Proposition 65 warnings provided.  Should Yonex provide Moorberg with certification by October 3, 2016 that all its vinyl/PVC racquet cases sold in California are reformulated according to the above standards, then Moorberg has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of up to $43,600, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Wozniak and his counsel for their successful enforcement of this matter in the public interest.   

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