Moore v. Dynaflex International, Inc. et al.

On December 11, 2012, the Alameda County Superior Court entered a Consent Judgment in Moore v. Dynaflex International, Inc.; et al., which resolved citizen enforcer John Moore’s allegations that the defendant Dynaflex International, Inc. (“Dynaflex”) sold exercise balls 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, Dynaflex agreed not to sell the specific exercise ball identified in the Consent Judgment in California after September 15, 2012, unless it contains less than .1% of DEHP when analyzed using state or federally approved testing methodologies.  Should Dynaflex destroy all remaining inventory of non-reformulated exercise balls and comply by the heightened standards by June 1, 2013, 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.