Moore v. Klein Tools, Inc.

On August 20, 2012, citizen enforcer John Moore and settling defendant Klein Tools, Inc. ("Klein") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Klein sold hand tools 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, Klein agreed not to sell any hand tools in California after August 15, 2012, unless the hand tools are DEHP Free pursuant to Section 2.3 of the Agreement or are sold or shipped with Proposition 65 warnings. Due to Klein's commitment to comply with these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $75,000, 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.