Moore v. Beno J. Gundlach Co.

On September 12, 2012, citizen enforcer John Moore and settling defendant Beno J. Gundlach Co. ("Beno") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Beno sold hand tool grips 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, Beno agreed not to sell any hand tool grips in California after August 15, 2012, unless the hand tool grips contain no more than 1,000 parts per million (0.1%) of DEHP when analyzed using state and federally approved testing methodologies. Due to Beno's commitment to comply with these heightened standards, Moore agreed to credit a portion of the civil penalties that would otherwise be applied.

The Settlement Agreement requires settlement payments of $18,875, 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.