Moore v. Ace Bayou Corporation

On November 3, 2011, the Alameda County Superior Court entered a Consent Judgment in Moore v. Ace Bayou Corporation, which resolved citizen enforcer John Moore's allegations that the defendant Ace Bayou Corporation ("Ace Bayou") sold floor chairs 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, Ace Bayou agreed not to sell any floor chairs in California after July 20, 2011, unless the floor chairs contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnigns provided. Should Ace Bayou ensure that all floor chairs in inventory are reformulated and eliminate the need for Proposition 65 warnings by November 5, 2011, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $38,500, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Moore and his counsel for their successful enforcement of this matter in the public interest.