Moore v. American Athletic, Incorporated; et al.

On October 28, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. American Athletic, Inc.; et al., which resolved citizen enforcer John Moore's allegations that the defendants Russell Brands, LLC and American Athletic, Inc., and Fruit of the Loom, Inc. (collectively "American Athletic") sold exercise/fitness mats 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, American Athletic agreed not to sell any mats in California after May 15, 2011, unless the mats contain no more than 1,000 parts per million each of DEHP, butyl benzyl phthalate ("BBP"), and Di-n-butyl phthalate ("DBP") when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should American Athletic comply with these heightened standards and eliminate the need for Proposition 65 warnings by March 15, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $133,000, 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.