Moore v. South Bend Sporting Goods, Inc.

Posted: 09/14/2015  browse the case archive

On September 14, 2015, citizen enforcer John Moore and settling party South Bend Sporting Goods, Inc. ( “South Bend”) entered into an out-of-court settlement agreement.  Moore had alleged that South Bend sold vinyl/PVC handheld exercise weights 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, South Bend agreed not to sell any vinyl/PVC handheld exercise weights in California after December 1, 2015, unless the weights contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Should South Bend accelerate reformulation and provide Moore with written certification by October 1, 2015 that all vinyl/PVC handheld exercise weights sold in California qualify as reformulated products under the agreement, Moore agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $56,500, 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.  

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