Moore v. GoFit, L.L.C.; et al.

Posted: 12/11/2012  browse the case archive

The Marin County Superior Court entered a Consent Judgment in Moore v. GoFit, L.L.C., et al. on December 11, 2012.   This enforcement action resolved citizen enforcer John Moore's allegations that the defendant GoFit, L.L.C. ("GoFit") sold mats, exercise balls, and training/sauna fitness suits that contain 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, GoFit agreed not to sell any mats, exercise balls, and training/sauna fitness suits products in California, unless the mats, balls, and fitness suits contain less than .1 percent of DEHP in each accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Moore agreed to waive a portion of the civil fine that would otherwise be applied as a result of GoFit's compliance with these heightened standards.

The Consent Judgment requires settlement payments of $120,000, 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.

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