Moore v. Origin Point Brands, LLC

On December 16, 2015, citizen enforcer John Moore and settling party Origin Point Brands, LLC (“Origin”) entered into an out-of-court settlement agreement. Moore had alleged that Origin sold hardware cloth made with vinyl/PVC 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, Origin agreed not to sell any hardware cloth made with vinyl/PVC in California after December 16, 2015, unless the tools contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $26,000, 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.