Moore v. Chicago Pneumatic Tool Company, LLC

The parties involved in the case Moore v. Chicago Pneumatic Tool Company, LLC executed a Consent Judgment on June 5, 2016.  In this matter, citizen enforcer John Moore alleged that Chicago Pneumatic Tool Company, LLC (“Chicago Pneumatic”) sold gloves with vinyl/PVC components 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 agreement, Chicago Pneumatic agreed not to sell any gloves with vinyl/PVC components in California after the Marin County Superior Court enters the Judgment, unless the gloves contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.  Should Chicago Pneumatic provide Moore with certification by February 1, 2017 that all gloves with vinyl/PVC components sold in California qualify as reformulated by the above standards, Moore has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of $32,500, 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.