Moore v. Medline Industries, Inc.

Whistleblower John Moore’s allegations against settling party Medline Industries, Inc. (“Medline”) were settled on February 27, 2013, when the parties entered into an out-of-court Settlement Agreement.  Moore had alleged that Medline sold ultra-light rollators 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, Medline agreed not to sell any ultra-light rollators in California after March 4, 2013, unless the rollators 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 Medline provide written certification that all ultra-light rollators sold in California after May 1, 2013, qualify as reformulated, Moore agreed to waive a portion of the civil fine that would otherwise be applied.   

The Settlement Agreement requires settlement payments of $53,000, 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.