Moore v. Evergreen Enterprises, Inc.

On September 12, 2012, citizen enforcer John Moore and settling defendant Evergreen Enterprises, Inc. ("Evergreen) entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Evergreen sold beverage/wine chiller bags 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, Evergreen agreed not to sell any beverage/wine chiller bags in California after September 30, 2012, unless the beverage/wine chiller bags contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Evergreen eliminate the need for Proposition 65 warnings on the chiller bags by February 15, 2013, Moore agreed to waive 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.