Moore v. JC USA Inc., et al.

On October 16, 2018, citizen enforcer John Moore and settling parties JC USA Inc. and Jewett-Cameron Company (collectively, “JC”) entered into an out-of-court settlement agreement. Moore had alleged that JC sold vinyl/PVC greenhouse covers containing the phthalate di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.  

 

As part of the settlement, JC agreed not to sell any vinyl/PVC greenhouse covers in California after October 16, 2018, unless the covers contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should JC provide Moore with certification by January 15, 2019 that all vinyl/PVC greenhouse covers sold in California qualify as reformulated by the above standards, Moore has agreed to waive a portion of the civil penalty that would otherwise be applied.

 

The Settlement Agreement requires settlement payments of up to $23,000, 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.