Moore v. Pelican Products, Inc.

On February 22, 2016, citizen enforcer John Moore and settling party Pelican Products, Inc. (“Pelican”) entered into an out-of-court settlement agreement.  Moore had alleged that Pelican sold seat cushions 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, Pelican agreed not to sell any seat cushions in California after February 17, 2017, unless the seat cushions contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $22,500, 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.