Moore v. J.C. Newman Cigar Co.

Citizen enforcer John Moore and settling defendant J.C. Newman Cigar Co. (“J.C. Newman”) entered into an out-of-court Settlement Agreement on October 23, 2013, which resolved Moore’s allegations that J.C. Newman sold vinyl/PVC humidors 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, J.C. Newman agreed not to sell any humidors in California after January 1, 2014, unless the humidors contains less than 1,000 parts per million (0.1%) of DEHP, butyl benzyl phthalate (“BBP”), and di-n-butyl phthalate (“DBP”) when analyzed using state or federally approved testing methodologies.  Should J.C. Newman provide written certification that it has met the reformulation requirements by June 15, 2014, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $32,000, 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.