Moore v. Rhode Island Textile Company, et al.

On December 31, 2012, citizen enforcer John Moore and settling defendant Rhode Island Textile Company, et al. ("Rhode Island") entered into a Settlement Agreement, which resolved Moore's allegations that Rhode Island sold shoe horns and tie-out cables containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and leather laces containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Rhode Island agreed not to sell any shoe horns, tie-out cables, or leather laces in California after December 20, 2012, unless the shoe horns, cables, and laces contain no more than 1,000 parts per million (0.1%) of DEHP and less than 100 parts per million of lead when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Rhode Island eliminate the need for Proposition 65 warnings on the products by December 31, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $44,000, 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.