Moore v. G.H. Meiser & Co.

Whistleblower John Moore resolved his allegations against the defendant G.H. Meiser & Co. (“Meiser”) in the enforcement action Moore v. G.H. Meiser & Co., et al., when the parties executed a Consent Judgment on October 16, 2013.  In this matter, Moore alleged that Meiser sold tire deflators that contain the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Meiser agreed not to sell any tire deflators in California after the Alameda Court approves the Consent Judgment, unless the deflators contain no more than 1,000 parts per million of DEHP and 100 parts per million of lead content in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Meiser provide written certification that by December 13, 2013, and continuing into the future, all tire deflators in California qualify as reformulated, Moore agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $38,000, 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.