Moore v. Mutual Industries North, Inc. et al.

On August 8, 2019, citizen enforcer John Moore and settling parties Mutual Industries North, Inc. (“Mutual”) and Harris Mutual, LLC (“Harris”) entered into an out-of-court settlement agreement. Moore had alleged that Harris and Mutual sold vinyl flagging tape 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,  Harris and Mutual agreed not to sell any vinyl flagging tape in California after August 12, 2019 unless the products 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 $19,000, 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.