Moore v. PS Brands, LLC

On August 7, 2012, citizen enforcer John Moore and settling defendant PS Brands, LLC and Adjmi Apparel Group ("PS Brands and Adjmi") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that PS Brands and Adjmi sold footwear containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP") and di-n-butyl phthalate ("DBP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, PS Brands and Adjmi agreed to use their best efforts to only sell footwear in California after August 10, 2012, that contains less than or equal to 1,000 parts per million (0.1%) of DEHP and DBP when analyzed using state and federally approved testing methodologies, or provide clear and reasonable warnings on the footwear as set forth in Section 2.1(a) or (b) of the Settlement Agreement. Additionally, by September 6, 2012, PS Brands agreed to notify all of its then-current vendors of the new reformulation standards for footwear and instruct them to comply with the reformulation standards expeditiously.

The Consent Judgment requires settlement payments of $54,000, 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.