Moore v. Indian Industries, Inc.

In the enforcement action Moore v. Indian Industries, Inc., whistleblower John Moore resolved his allegations against the defendant Indian Industries Inc. (“Indian”) when the parties executed a Consent Judgment on March 19, 2013.  In this enforcement action, Moore alleged that Indian sold billiard table covers and ping pong table covers that contain 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, Indian agreed not to sell any billiard table covers and ping pong table covers in California after the date that the court approves the Consent Judgment, unless the covers comply with the reformulation standards when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Indian provide written certification that on September 1, 2013, and continuing into the future, all billiard table covers and ping pong table covers in California qualify as reformulated, Moore agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $50,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Moore and his counsel for their successful enforcement of this matter in the public interest.