Moore v. Home Dynamix, LLC

On November 29, 2011, citizen enforcer John Moore and settling defendant Home Dynamix, LLC ("Home Dynamix") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Home Dynamix sold vinyl flooring containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), di-n-butyl phthalate ("DBP"), di-isdecyl phthalate ("DIDP") and di-n-hexyl phthalate ("DnHP") in State of California without providing the requisite health hazard warnings.

As part of the settlement, Home Dynamix agreed not to sell any vinyl flooring in California after November 30, 2011, unless the vinyl flooring contains less than .1% of DEHP, DBP, DIDP, and DnHP when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided. Should Home Dynamix eliminate the need for Proposition 65 warnings on the vinyl flooring by May 1, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $50,500, 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.