Moore v. Learning Resources, Inc.

On December 22, 2017, citizen enforcer John Moore and settling party Learning Resources, Inc. (“LR”) entered into an out-of-court settlement agreement. Moore had alleged that LR sold vinyl/PVC greenhouse covers 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, LR agreed not to sell any vinyl/PVC greenhouse covers in California after April 1, 2018, unless the greenhouse 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.

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.