Moore v. Design Design, Inc.

On August 15, 2012, citizen enforcer John Moore and settling defendant Design Design, Inc. ("DD") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that DD sold gift bags with handles 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, DD agreed to reformulate the gift bags with handles by August 5, 2012, so that they contain less than 0.1 percent (1,000 parts per million) of DEHP in each accessible component when analyzed using state and federally approved testing methodologies. Due to DD's commitment to comply with these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement required settlement payments of $15,000, 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.