Moore v. Altus Athletic Manufacturing Company and OK-1 Manufacturing Company

Posted: 01/17/2012  browse the case archive

On January 17, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. Altus Athletic Manufacturing Company and OK-1 Manufacturing Company, which resolved citizen enforcer John Moore's allegations that the defendants Altus Athletic Manufacturing Company and OK-1 Manufacturing Company ("Altus and OK-1") sold training and sauna fitness suits 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, Altus and OK-1 agreed not to sell any training and sauna fitness suits in California after July 30, 2011, unless the training and sauna fitness suits contained no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. Due to Altus's and OK-1's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $135,000, 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.

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