Moore v. Argento SC by Sicura Inc.

Posted: 06/09/2016  browse the case archive

Citizen enforcer John Moore and settling party Argento SC by Sicura Inc. (“Argento”) entered into an out-of-court settlement agreement on June 9, 2016.  Moore had alleged that Argento sold exercise equipment with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and compact mirrors or makeup mirrors with vinyl/PVC components containing DEHP (collectively, “Products”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Argento agreed not to sell any Products in California after May 19, 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.  Should Argento provide Moore with written certification by February 15, 2017 that all Products sold in California qualify as reformulated products under the agreement, Moore agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $19,000, 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.  

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