Moore v. Dick's Sporting Goods, Inc., et al.

On September 7, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. Dick's Sporting Goods, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant Dick's Sporting Goods, Inc. ("Dick's"), sold exercise/fitness 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, Dick's agreed not to sell any exercise/fitness mats in California unless the mats contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Dick's eliminate the need for Proposition 65 warnings for the mats by December 15, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $45,000, 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.