Moore, et al. v. Sister Sister, Inc., et al.

John Moore and PS Brands, LLC (“PS Brands”) and Mark Moorberg and Sister Sister, Inc. (“Sister Sister”) entered into an out-of-court settlement agreement on February 13, 2016.  Moore and Moorberg are referred to collectively here as “Private Enforcers,” and PS Brands and Sister Sister referred to collectively as “Settling Parties.”  Moore had alleged that PS Brands sold vinyl/PVC luggage tags containing the chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings, while Moorberg alleged that Sister Sister sold serving trays with vinyl/PVC coverings that contained DEHP, also without the requisite health hazard warnings.

As part of the settlement, Settling Parties agreed not to sell any vinyl/PVC luggage tags and/or serving trays with vinyl/PVC coverings in California after February 12, 2016, unless the products contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of up to $29,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcers Moore and Moorberg and their counsel for their successful enforcement of this matter in the public interest.