Moore v. Gibson Overseas, Inc.

Citizen enforcer John Moore and Gibson Overseas, Inc. executed a Consent Judgment on July 30, 2015.  In this matter, citizen enforcer Moore alleged that Gibson Overseas, Inc. (“Gibson”) sold products with soft touch 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 agreement, Gibson agreed not to sell any products with soft touch vinyl/PVC components or additional household and kitchen accessories in California after the Santa Clara County Superior Court approves the Judgment, unless the products contain no more than 1,000 parts per million of DEHP, butyl benzyl phthalate (“BBP”), di-n-butyl phthalate (“DBP”), di-isodecyl phthalate (“DIDP”), and diisononyl phthalate (“DINP”) when analyzed using state or federally approved testing methodologies.  Gibson has also agreed to, by November 30, 2015 extend its reformulation to include any chemicals known to the State of California to cause cancer and/or reproductive harm.  Should Gibson provide written certification that all household and kitchen accessories sold in California qualify as reformulated by September 30, 2015, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $64,000, 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.