Moore v. Drum Workshop, Inc.

Citizen enforcer John Moore and settling defendant Drum Workshop, Inc. (“Drum Workshop”) entered into an out-of-court Settlement Agreement on December 2, 2013, which resolved Moore’s allegations that Drum Workshop sold drum thrones with vinyl/PVC upholstery 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, Drum Workshop agreed not to sell the drum thrones in California after January 1, 2014, unless the drum thrones contain no more than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Drum Workshop provide written certification that it has eliminated the need for Proposition 65 warnings by June 15, 2014, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $33,000, 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.