Moore v. Cousin Corporation of America

On August 1, 2012, citizen enforcer John Moore and settling defendant Cousin Corporation of America ("CCA") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that CCA sold craft tools with 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, CCA agreed not to sell any craft tools with grips in California after August 15, 2012, unless the craft tools contain less than 0.1 percent (1,000 parts per million) of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. For all craft tools with grips remaining in CCA's inventory by August 14, 2012, CCA agreed to have Proposition 65 health hazard warnings provided. Should CCA eliminate the need for Proposition 65 warnings on the tools by January 1, 2013, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $57,500, 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.