Moore v. California Flexrake Corporation

On April 14, 2016, citizen enforcer John Moore and settling party California Flexrake Corporation (“California Flexrake”) entered into an out-of-court settlement agreement.  Moore had alleged that California Flexrake sold tools with vinyl/PVC 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, California Flexrake agreed not to sell any tools with vinyl/PVC grips in California after April 15, 2016, unless the tools 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 California Flexrake provide Moore with written certification by July 15, 2016 that all tools with vinyl/PVC 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 $29,000, 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.