Moore v. Shinn Fu Company of America, Inc., et al.

On October 24, 2012, the Alameda County Superior Court entered a Consent Judgment in Moore v. Shinn Fu Company of America, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant Shinn Fu Company of America, Inc. ("Shinn Fu"), sold stools with vinyl seats 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, Shinn Fu agreed not to sell any stools with vinyl seats in California after May 15, 2012, unless each accessible component of the stools contains no more than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided. Should Shinn Fu eliminate the need for Proposition 65 warnings by December 1, 2012, Moore shall waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $24,000, 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.