Moore v. Spirit Products, Limited

Posted: 11/30/2011  browse the case archive

On November 30, 2011, citizen enforcer John Moore and settling defendant Spirit Products, Limited ("Spirit"), entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Spirit sold identification cases 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, Spirit agreed not to sell any identification cases in California after September 30, 2011, unless the identification cases contain less than .1% of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Due to Spirit's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $23,000, 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.

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