Moore v. 3N Optical, Inc.

On December 14, 2015, citizen enforcer John Moore and settling party 3N Optical, Inc. (“3N Optical”) entered into an out-of-court settlement agreement.  Moore had alleged that 3N Optical sold vinyl eyewear 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 settlement, 3N Optical agreed not to sell any vinyl eyewear cases in California after May 30, 2016, unless the cases contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  3N Optical has also agreed to notify its vendors of the above reformulation standards and instruct them to supply only compliant products.  Existing inventory shall be sold with Proposition 65 warnings provided. 

The Settlement Agreement requires settlement payments of $37,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Moore and his counsel for their successful enforcement of this matter in the public interest.