Moore v. Blue Star Clothing Company, Incorporated

Posted: 09/14/2011  browse the case archive

On September 14, 2011, citizen enforcer John Moore and settling defendant Blue Star Clothing Company, Incorporated ("Blue Star) entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Blue Star sold exercise balls 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, Blue Star agreed not to sell any exercise balls in California after October 1, 2011, unless the exercise balls contain less than .1 percent of DEHP in each accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $23,500, 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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