Moore v. Kraco Enterprises, LLC and Auto-Expressions, LLC

On March 16, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. Kraco; et al., which resolved citizen enforcer John Moore's allegations that the defendants Kraco Enterprises, LLC ("Kraco") and Auto-Expressions LLC ("Auto-Expressions") sold vinyl mats containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and the heavy metal lead and automotive seat covers containing DEHP in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Kraco and Auto-Expressions agreed not to sell any vinyl mats or automotive seat covers in California after December 1, 2011, unless the mats and automotive seat covers qualify as reformulated when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Kraco and Auto-Expressions eliminate the need for Proposition 65 warnings for the mats and seat covers by March 1, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $99,679, 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.