Moore v. Carson Optical, Inc.

On October 16, 2018, citizen enforcer John Moore and settling party Carson Optical, Inc. (“Carson Optical”) entered into an out-of-court settlement agreement. Moore had alleged that Carson Optical sold vinyl eyewear pouches containing the phthalate di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.  

 

As part of the settlement, Carson Optical agreed not to sell any vinyl eyewear pouches in California after November 30, 2018, unless the pouches 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.

 

The Settlement Agreement requires settlement payments of $22,000, 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.