Moore v. RGGD, Inc.

On February 15, 2019, citizen enforcer John Moore and settling party RGGD, Inc. (“RGGD”) entered into an out-of-court settlement agreement. Moore had alleged that RGGD sold ornaments with vinyl windows 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, RGGD agreed not to sell any ornaments with vinyl windows in California after February 8, 2019. Should RGGD decide to manufacture, import, purchase for resale, distribute, and/or offer the ornaments for sale in the State of California during the five year period following February 8, 2019, RGGD will provide Moore with three months' notice, at which time parties will agree on appropriate Proposition 65 warning language.

 

The Settlement Agreement requires settlement payments of $8,500, 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.