Moore v. Smart & Final Stores, LLC
On October 12, 2012, the Alameda County Superior Court entered a Consent Judgment in Moore v. Smart & Final Stores, LLC, which resolved citizen enforcer John Moore's allegations that the defendant Smart & Final Stores, LLC ("S&F") sold aprons containing the phthalate chemicals di-n-butyl phthalate ("DBP") and di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.
As part of the settlement, S&F agreed not to sell any aprons in California after May 15, 2012, unless such aprons contain less than or equal to 1,000 parts per million (0.1%) of DBP and DEHP when analyzed pursuant to state and federally approved testing methodologies.
The Consent Judgment requires settlement payments of $30,000, 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.