Moore v. Digital Interactive Systems Corporation

Posted: 08/01/2011  browse the case archive

On August 1, 2011, the Alameda County Superior Court entered a Consent Judgment in Moore v. Digital Interactive Systems Corporation, which resolved citizen enforcer John Moore's allegations that the defendant Digital Interactive Systems Corporation ("Digital") 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, Digital agreed not to sell any cases for CDs/DVDs in California after January 1, 2012, unless the cases comply with reformulation standards when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Digital eliminate the need for Proposition 65 warnings on the cases by June 1, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $35,000, 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.

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