Moore v. Medical Depot, Incorporated

On January 18, 2017, citizen enforcer John Moore and settling party Medical Depot, Incorporated (“Medical Depot”) entered into an out-of-court settlement agreement.  Moore had alleged that Medical Depot sold cushions with vinyl/PVC upholstery 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, Medical Depot agreed not to sell any cushions with vinyl/PVC upholstery in California after February 7, 2017, unless the cushions contain less than 1,000 parts per million of DEHP in each component when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $32,500, 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.