Moore v. Natco Products Corporation, et al.

On April 7, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Natco Products Corporation, which resolved citizen enforcer John Moore's allegations that the defendant Natco Products Corporation ("Natco") sold vinyl tile flooring, vinyl floor runners and protectors, and vinyl mats containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and vinyl cargo mats containing DEHP and the heavy metal lead in the State of California without providing the requisite Proposition 65 health hazard warnings.

As part of the settlement, Natco and its affiliates agreed not to sell any vinyl tile flooring, vinyl cargo mats, or vinyl floor runners and protectors in California after April 27, 2011, unless each accessible component of the products complies with reformulation standards when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided. Due to Natco's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $205,000, 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 his counsel for their successful enforcement of this matter in the public interest.