Moore v. Bytech NY, Inc.

In the enforcement action Moore v. Bytech NY, Inc., the parties executed a Consent Judgment on January 30, 2013, which resolved citizen enforcer John Moore’s allegations that the defendant Bytech NY, Inc. (“Bytech”) sold cases with zipper pulls 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, Bytech agreed not to sell any cases with zipper pulls in California after January 30, 2013, unless the cases 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 Bytech eliminate the need for Proposition 65 warnings on the cases by March 15, 2013, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $33,000, 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.