Moore v. Medline Industries, Inc.

Posted: 10/07/2013  browse the case archive

Citizen enforcer John Moore’s allegations against defendant Medline Industries, Inc. (“Medline”) in the case Moore. v. Medline Industries, Inc., et al. were resolved on October 7, 2013, when the parties executed a Consent Judgment.  In this enforcement action, Moore alleged that Medline sold upholstered back cushions with foam padding containing tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Medline agreed not to sell any back cushions in California after March 31, 2014, unless the cushions contain no more than 25 parts per million each of TDCPP and tris(2-chloroethyl) phosphate (“TCEP”) when analyzed using state or federally approved testing methodologies. Additionally, Medline agreed to provide its vendors with the reformulation standards by October 15, 2013, and instruct them to provide cushions that comply expeditiously.  Cushions currently existing in Medline’s inventory may be sold with Proposition 65 warnings provided.  Should Medline provide written certification that all cushions sold in California after November 1, 2013 qualify as reformulated, Moore agreed to waive a portion of the civil fine.  Additionally, Moore provided a credit for extending reformulation, among other credits available, if Medline should provide written certification that all cushions sold in California also contains no more  than 25 parts per million of tris(2,3-dibromopropyl) phosphate (“TDBPP”) by March 15, 2014.

The Consent Judgment requires settlement payments of $128,000, 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 their counsel for their successful enforcement of this matter in the public interest.

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