Moore v. Browntrout Publishers, Inc.

On December 15, 2010, citizen enforcer John Moore and settling defendant Browntrout Publishers, Inc. ("Browntrout") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Browntrout sold books with covers containing excessive amounts of 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, Browntrout agreed not to sell any books in California after December 15, 2010, unless the books 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. Should Browntrout eliminate the need for Proposition 65 warnings on the books by February 15, 2011, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $37,000, 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.