Moore v. Berkshire Fashions, Inc.

On August 10, 2018, citizen enforcer John Moore and settling party Berkshire Fashions, Inc. (“Berkshire”) entered into an out-of-court settlement agreement. Moore had alleged that Berkshire sold vinyl components in or on hats or caps containing the phthalate di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings. 

 

As part of the settlement, Berkshire agreed not to sell any of vinyl components in or on hats or caps in California after August 10, 2018, 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.

 

The Settlement Agreement requires settlement payments of $19,200, 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.