Moore v. Ross Stores, Inc.

Posted: 01/22/2013  browse the case archive

On January 22, 2013, the parties executed a Consent Judgment in Moore v. Ross Stores, Inc., which resolved citizen enforcer John Moore’s allegations that the defendant Ross Stores, Inc. (“Ross”) sold coverings for books 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, Ross agreed not to sell any coverings for books in California 60 days after October 13, 2012, unless Ross has obtained written certification from its supplier Bridgepoint Products, Inc., that all book coverings contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should Ross comply with these heightened standards by the Effective Date, and continuing into the future, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $53,700, 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.

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