Moore v. Marco Group, Inc.

On September 29, 2012, citizen enforcer John Moore and settling defendant Marco Group, Inc. ("Marco") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Marco sold chairs with vinyl seats 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, Marco agreed not to sell any chairs in California after January 15, 2013, unless the chairs contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Should Marco commit that 100% of chairs with vinyl seats sold in California are reformulated by January 1, 2013, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $33,000, 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.