Moore v. The Colman Group, Inc., et al.

Posted: 09/26/2012  browse the case archive

On September 26, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. The Colman Group, Inc., et al., which resolved citizen enforcer John Moore's allegations that The Colman Group, Inc. ("Colman") sold aprons 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, Colman agreed not to sell aprons in California unless all accessible components of such aprons contain less than or equal to 1,000 parts per million (0.1%) of DEHP when analyzed pursuant to state or federally approved testing methodologies. Colman also agreed to provide Proposition 65 warnings on the covered products Coleman did not reformulate. Colman's compliance with these heightened standards by January 1, 2013 will result in Moore waiving a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $38,000, 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.

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