Moore v. Privilege International, Inc.

Whistleblower John Moore’s allegations against settling party Privilege International, Inc. (“Privilege”) were settled on February 20, 2013, when the parties entered into an out-of-court Settlement Agreement.  Moore had alleged that Privilege sold ottomans with a faux leather covering material 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, Privilege agreed not to sell any faux leather ottomans in California after February 1, 2013, unless the ottomans contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have the appropriate Proposition 65 warnings provided.  Should Privilege provide written certification that all faux leather ottomans sold in California after August 15, 2013, qualify as reformulated, Moore agreed to waive a portion of the civil fine that would otherwise be applied.  

The Settlement Agreement requires settlement payments of $26,500, 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.