Moore v. New Enterprise Stone & Lime Co., Inc., et al.

The parties involved in the case Moore v. New Enterprise Stone & Lime Co., Inc. executed a Consent Judgment on September 11, 2015.  In this matter, citizen enforcer John Moore alleged that New Enterprise Stone & Lime Co., Inc. and Work Area Protection Corporation (collectively, “Settling Defedants”) sold vinyl/PVC cones 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 agreement, Settling Defendants agreed not to sell any vinyl/PVC cones in California after the Alameda County Superior Court approves the Judgment, unless the cones contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Consent Judgment required settlement payments of $40,000, 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.