Moore v. Brownlow Publishing Company, et al.

Posted: 05/15/2012  browse the case archive

On May 15, 2012, the San Francisco County Superior Court entered a Consent Judgment in Moore v. Brownlow Publishing Company, et al., which resolved citizen enforcer John Moore's allegations that the defendant Brownlow Publishing Company ("Brownlow") sold notepads containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP"), purses containing the phthalate chemicals DEHP and di-n-butyl phthalate ("DBP"), and ceramicware with colored artwork or designs on the exterior containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Brownlow agreed not to sell any notepads, purses, or ceramicware in California after May 31, 2012, unless the notepads, purses, and ceramicware comply with the reformulation standard when analyzed using state or federally approved testing methodologies. Due to Brownlow's commitment to comply with these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise have been applied.

The Consent Judgment requires settlement payments of $25,000, 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.

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