Moore v. Janco Distributors Inc.

Whistleblower John Moore resolved his allegations against the defendant Janco Distributors Inc. (“Janco”) in the enforcement action Moore v. Bliss Hammocks Inc.; Janco Distributors Inc., when the parties executed a Consent Judgment on May 17, 2013.  Moore alleged that Janco sold exercise balls, yoga mats, and jump ropes 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, Janco agreed not to sell any exercise balls, yoga mats, or jump ropes in California after May 1, 2013, unless the products contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Janco provide written certification that by July 1, 2013, and continuing into the future, all exercise balls, yoga mats, and jump ropes 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 $29,000, 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.