Moore v. Hard Rock Café International (USA), Inc.

Posted: 01/06/2012  browse the case archive

On January 6, 2012, citizen enforcer John Moore and settling defendant Hard Rock Café International (USA), Inc. ("Hard Rock") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Hard Rock sold identification (I.D.) cases 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 settlement, Hard Rock agreed not to sell any identification cases in California after December 10, 2011, unless the identification cases contain less than 0.1 percent (1,000 parts per million) of DEHP in each accessible component when analyzed using state and federally approved testing methodologies. Due to Hard Rock's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $28,000, 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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