Moore v. Keson Industries, Inc.

Posted: 01/18/2013  browse the case archive

Citizen enforcer John Moore's allegations against settling party Keson Industries, Inc. ("Keson") were resolved when the parties entered into a Settlement Agreement on January 18, 2013. Moore alleged that Keson sold measuring wheels 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, Keson agreed not to sell any measuring wheels in California after January 25, 2013, unless the measuring wheels contain less than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies. Should Keson comply with these heightened standards by December 15, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $16,000, 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.

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