Moore v. Dyno LLC

An agreement was created to settle the allegations raised by citizen enforcer John Moore against settling party Dyno LLC ("Dyno") on January 10, 2013. This Settlement Agreement resolved Moore's allegations that Dyno sold vinyl/PVC rain free ponchos 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, Dyno agreed not to sell any rain free ponchos in California after March 1, 2013, unless the ponchos contain less than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies. Ponchos manufactured before March 1, 2013, shall be sold with Proposition 65 warnings. Should Dyno eliminate the need for Proposition 65 warnings on the ponchos by March 1, 2013, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $30,000, 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.