Moore v. Darice, Inc.

On September 2, 2016, citizen enforcer John Moore and settling party Darice, Inc. (“Darice”) entered into an out-of-court settlement agreement.  Moore had alleged that Darice sold vinyl/PVC cutting mats 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, Darice agreed not to sell any vinyl/PVC cutting mats in California after September 2, 2016, unless the mats contain less than 1,000 parts per million of DEHP, butyl benzyl phthalate (“BBP”), diisodecyl phthalate (“DIDP”), diisononyl phthalate (“DINP”), and di-n-hexyl phthalate (“DnHP”) in each accessible component when analyzed using state or federally approved testing methodologies.  Existing inventory shall be sold with Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $29,700, 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.