Moore v. Illinois Industrial Tool, Inc.

Posted: 08/01/2013  browse the case archive

Citizen enforcer John Moore’s allegations against the defendant Illinois Industrial Tool, Inc. (“Illinois Industrial”) were resolved on August 1, 2013, when the parties executed a Consent Judgment in Moore v. Illinois Industrial Tool, Inc.  In this enforcement action, Moore alleged that Illinois sold cases for CDs and DVDs containing the heavy metal lead and the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”), hand tool grips containing DEHP, and tape measures containing lead, all in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Illinois Industrial agreed not to sell any of the covered products in California after August 1, 2013, unless the products contain less than 1,000 parts per million of DEHP and no more than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Illinois Industrial eliminate the need for Proposition 65 warnings by February 15, 2014, Moore agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $43,000, 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.

 

Download PDF

It appears your Web browser is not configured to display PDF files. No worries, just click here to download the PDF file.