Moore v. Ludlow Composites Corporation, et al.

Posted: 08/31/2011  browse the case archive

On August 31, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Ludlow Composites, which resolved citizen enforcer John Moore's allegations that the defendant Ludlow Composites Corporation ("Ludlow") sold vinyl flooring 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, Ludlow agreed not to sell any vinyl flooring in California, unless the vinyl flooring contains less than .1% of DEHP in each accessible component when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided. Due to Ludlow's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $74,000, 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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