Moore v. E.S.I. Cases & Accessories, Inc.

On September 13, 2011, citizen enforcer John Moore and settling defendant E.S.I. Cases & Accessories, Inc. ("E.S.I.") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that E.S.I. sold cases for digital cameras containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the health hazard warnings required by Proposition 65.

As part of the settlement, E.S.I. agreed not to offer any cases for digital cameras for sale in California after September 6, 2011, unless the cases contain less than 0.1 percent (1,000 parts per million) of DEHP in each accessible component when analyzed using state and federally approved testing methodologies. Due to E.S.I.'s commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $37,000, 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.