Moore v. FKA Distributing Co., Homedics-U.S.A., Inc.

On January 22, 2013, the parties executed a Consent Judgment in Moore v. FKA Distributing Co., et al., which resolved citizen enforcer John Moore’s allegations that the defendants FKA Distributing Co. (“FKA”) and Homedics-U.S.A., Inc. (“Homedics”) sold portable speaker cases containing the phthalate chemicals di(2-ethylhexyl)phthalate (“DEHP”) and di-n-butyl phthalate (“DBP”) and folding beds/mats containing DEHP and DBP in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, FKA and Homedics agreed not to sell any portable speaker cases or folding beds/mats in California after the January 22, 2013, unless the portable speaker cases and folding beds/mats contain less than 1,000 parts per million of DEHP and DBP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should FKA and Homedics eliminate the need for Proposition 65 warnings by May 15, 2013, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $75,000, 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.