Moore v. Downeast Concepts, Inc.

On August 3, 2016, citizen enforcer John Moore, and settling party Downeast Concepts, Inc. (“Downeast”) entered into an out-of-court settlement agreement.  Moore had alleged that Downeast sold vinyl/PVC memo pad covers and luggage tags with vinyl/PVC components 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, Downeast agreed not to sell any vinyl/PVC memo pad covers or luggage tags with vinyl/PVC components in California after July 31, 2016, unless the pad covers and/or luggage tags contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $21,000, 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.