Moore v. Mode Imports Inc.

Posted: 08/28/2018  browse the case archive
On August 28, 2018, citizen enforcer John Moore and settling party Mode Imports Inc. (“Mode”) entered into an out-of-court settlement agreement. Moore had alleged that Mode sold water carriers with vinyl/PVC handles containing the phthalate di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings. 
 
As part of the settlement, Mode agreed not to sell any water carriers with vinyl/PVC handles in California after September 14, 2018, unless the handles contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.
 
The Settlement Agreement requires settlement payments of $19,700, 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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