Moore v. ICON Health & Fitness, Inc.

Posted: 06/01/2011  browse the case archive

On June 1, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Bell Sports, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant ICON Health & Fitness, Inc. ("ICON") sold exercise balls 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, ICON agreed not to sell any exercise balls in California, unless the exercise balls comply with reformulation standards when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Due to ICON's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $124,000, 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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