Moore v. Fascinations, Inc.

On May 31, 2017, citizen enforcer John Moore and settling party Fascinations, Inc. (“Fascinations”) entered into an out-of-court settlement agreement.  Moore had alleged that Fascinations sold tools with vinyl/PVC grips 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, Fascinations agreed not to sell any tools with vinyl/PVC grips in California after May 31, 2017, unless the grips contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $29,500, 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.