Moore v. Novalis International, LTD and Novalis International, LLC

Posted: 08/04/2011  browse the case archive

On August 4, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Novalis International, LTD and Novalis International, LLC, which resolved citizen enforcer John Moore's allegations that the defendants Novalis International, LTD and Novalis International, LLC (collectively "Novalis") sold vinyl flooring 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, Novalis agreed not to sell any vinyl flooring in California after April 1, 2011, unless each accessible component of the vinyl flooring complies with reformulation standards when analyzed using state or federally approved testing methodologies. Due to Novalis'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 $70,000, 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.

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