Moore v. McDavid, Inc.

The parties involved in the case Moore v. McDavid, Inc. executed a Consent Judgment on December 23, 2015.  In this matter, citizen enforcer John Moore alleged that McDavid, Inc. (“McDavid”) sold wrist braces with vinyl/PVC components 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 agreement, McDavid agreed not to sell any wrist braces with vinyl/PVC components in California after March 15, 2016, unless the braces contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Moore has agreed to waive a portion of the civil penalty should McDavid provide Moore with certification that all wrist braces with vinyl/PVC components sold in California qualify as reformulated by January 31, 2016.

The Consent Judgment required settlement payments of $55,250, 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.