Moore v. Misyd Corp.

Posted: 03/04/2014  browse the case archive

Whistleblower John Moore and settling party Misyd Corp. (“Misyd”) entered into an out-of-court Settlement Agreement on March 4, 2014, which resolved Moore’s allegations that Misyd sold dresses with vinyl/PVC belts containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Misyd agreed not to sell any dresses with vinyl/PVC belts in California after March 14, 2014, unless the belts contain no more than 1,000 parts per million of DEHP and no more than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies.  Should Misyd provide written certification that by April 1, 2014, and continuing into the future, all dress belts sold in California 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 $26,000, 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.  

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