Moore v. Hugger-Mugger Yoga Products, LLC

Posted: 03/08/2012  browse the case archive

On March 8, 2012, citizen enforcer John Moore and settling defendant Hugger-Mugger Yoga Products, LLC ("HMYP"), entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that HMYP sold weighted fitness/exercise balls containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings. A supplemental notice was issued in January of 2012 alleging that HMYP sold exercise balls containing DEHP in California without health hazard warnings.

As part of the settlement, HMYP agreed to cease all sales of weighted fitness/exercise balls, pilates rings, exercise bands, and exercise bands with handles in California after March 30, 2012, unless the products contain no more than 1,000 parts per million (0.1%) of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Due to Hugger-Mugger's commitment to comply with 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 $31,000, 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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