Moore v. Ball Bounce & Sport, Inc.

Whistleblower John Moore and settling party Ball Bounce & Sport, Inc. (“Ball Bounce”) entered into an out-of-court Settlement Agreement on December 18, 2014, which resolved Moore’s allegations that Ball Bounce sold sporting good game cases with vinyl/PVC components and other associated equipment 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, Ball Bounce agreed not to sell any sporting good game cases with vinyl/PVC components or other balls and associated equipment in California after December 15, 2014, unless the game cases and sporting equipment contain no more than 1,000 parts per million of DEHP, butyl benzyl phthalate, and di-n-butyl phthalate in any accessible component when analyzed using state or federally approved testing methodologies. 

The Settlement Agreement requires settlement payments of $34,000, 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.