Moore v. M-D Building Products, Inc.

On December 19, 2012, the Alameda County Superior Court entered a Consent Judgment in Moore v. M-D Building Products, Inc., which resolved citizen enforcer John Moore’s allegations that the defendant M-D Building Products, Inc. (“M-D”) sold vinyl stair treads containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and hand tools containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, M-D agreed not to sell any vinyl stair treads or hand tools in California after June 15, 2012, unless the vinyl stair treads and hand tools comply with reformulation standards pursuant to Section 2.1 of the Consent Judgment.  On or before September 14, 2012, M-D shall provide the Phthalate Standard and Lead Standard to its then-current vendors of vinyl stair treads and hand tools that will be sold or offered for sale to consumers or businesses in the United States and instruct each vendor to comply with such standards expeditiously.  Should M-D comply with these heightened standards by October 1, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $92,000, 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.