Moore v. E&B Giftware LLC, et al.

Posted: 08/22/2012  browse the case archive

On August 22, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. E&B Giftware LLC, et al., which resolved citizen enforcer John Moore's allegations that the defendant E&B Giftware LLC ("E&B"), sold training and sauna fitness suits containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and exercise equipment with handle grips containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, E&B agreed not to sell any training and sauna fitness suits or exercise equipment with handle grips in California after June 30, 2012, unless the fitness suits and exercise equipment meet the reformulation standards set forth in Section 2.1 of the Consent Judgment or have Proposition 65 warnings provided. Should E&B eliminate the need for Proposition 65 warnings by December 31, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $89,000, 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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