Moore v. Bon Tool Company

Posted: 10/29/2015  browse the case archive

On October 29, 2015, citizen enforcer John Moore and settling party Bon Tool Company (“Bon Tool”) entered into an out-of-court settlement agreement.  Moore had alleged that Bon Tool sold vinyl/PVC 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, Bon Tool agreed not to sell any vinyl/PVC tool grips in California after December 1, 2015, unless the grips contain less than 1,000 parts per million of DEHP in any component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Bon Tool provide Moore with written certification by July 1, 2016 that all vinyl/PVC tool grips sold in California qualify as reformulated products under the agreement, Moore agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $30,500, 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.  

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