Moore v. Bell Sports, Inc.

Posted: 05/31/2011  browse the case archive

On May 31, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Bell Sports, Inc., which resolved citizen enforcer John Moore's allegations that the defendants W.J. Dennis & Company ("W.J.") and RCR International, Inc. ("RCR") sold vinyl flooring 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, W.J. and RCR agreed not to sell any vinyl flooring in California after January 25, 2011, unless the vinyl flooring complies with  reformulation standards when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided. Due to W.J. and RCR'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 $76,000, 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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