Moore v. New A.D.E., Inc. and Expressive Design Group, Inc.

Citizen enforcer John Moore and settling defendants New A.D.E., Inc. and Expressive Design Group, Inc. (collectively "ADE") entered into a Settlement Agreement on January 3, 2013, resolving Moore's allegations that ADE sold paper image gift bags with vinyl/PVC handles 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, ADE agreed not to sell any paper image gift bags with vinyl/PVC handles in California after January 4, 2013, unless the gift bags contain less than 1,000 parts per million (0.1%) of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Should ADE ensure that all gift bags meet reformulation standards by August 15, 2013, and continuing into the future, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $32,000, 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.