Moore v. In Gear Fashion, Inc., et al.

Posted: 07/24/2012  browse the case archive

On July 24, 2012, the San Francisco County Superior Court entered a Consent Judgment in Moore v. In Gear Fashion, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant, In Gear Fashion, Inc. ("IGF"), sold footwear containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP") and di-n-butyl phthalate ("DBP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, IGF agreed not to sell any footwear in California after November 15, 2012, unless such footwear contains less than or equal to 1,000 parts per million (0.1%) of DEHP and DBP in any accessible component when analyzed pursuant to state and federally approved testing methodologies. Due to IGF's commitment to comply with these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $35,500, 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.

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