Moore v. Landry’s Inc., et al.

On April 28, 2017, citizen enforcer John Moore and settling parties Landry’s Inc. and Bubba Gump Shrimp Co. Restaurants, Inc. (collectively, “Landry’s”) entered into an out-of-court settlement agreement.  Moore had alleged that Landry’s sold footwear with vinyl/PVC straps 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, Landry’s agreed not to sell any footwear with vinyl/PVC straps in California after April 28, 2017, unless the footwear contains less than 1,000 parts per million of DEHP in any component when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $22,000, 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.