Moore v. The Container Store, Inc., et al.

Posted: 08/08/2012  browse the case archive

On August 8, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. The Container Store, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant, The Container Store, Inc. ("The Container Store"), sold cases for CDs/DVDs 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, The Container Store agreed not to sell any cases for CDs/DVDs in California after March 23, 2012, unless the cases contain no more than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should The Container Store eliminate the need for Proposition 65 warnings on the cases by June 15, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $38,500, 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.

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