Moore v. Fairway Import-Export, Inc.

On April 5, 2018, citizen enforcer John Moore and settling party Fairway Import-Export, Inc. (“Fairway”) entered into an out-of-court settlement agreement. Moore had alleged that Fairway sold gloves with vinyl/PVC components 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, Fairway agreed not to sell any gloves with vinyl/PVC components in California after May 15, 2018, unless the gloves contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $19,400, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Moore and his counsel for their successful enforcement of this matter in the public interest.