Moore v. Bell Sports, Inc.

On January 13, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Bell Sports, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant Mohawk Industries, Inc. ("Mohawk") 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, Mohawk agreed not to sell any vinyl flooring in California after October 15, 2010, unless each accessible component of the flooring contains less than .1% of DEHP when analyzed using state or federally approved testing methodologies. Due to Mohawk's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied. Should Mohawk remove all non-reformulated vinyl flooring from all California retailers by October 25, 2010, Moore agreed to waive an additional portion of the civil fine.

The Consent Judgment requires settlement payments of $116,000, 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.