Moore v. Stanley Black & Decker, Inc.

The San Francisco County Superior Court entered a Consent Judgment in Moore v. Stanley Black & Decker, Inc. on January 2, 2013.  This enforcement action resolved citizen enforcer John Moore’s allegations that the defendant Stanley Black & Decker, Inc. (“Stanley”) sold hand tools with grips 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, Stanley agreed not to sell the specific pliers identified in the Consent Judgment in California after September 15, 2012, unless the pliers contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  From November 1, 2012, to December 31, 2012, Stanley shall not sell any hand tools in California unless products are DEHP-free or bear Proposition 65 warnings, after which point all hand tools with grips must comply with reformulation standards.   For every hand tool with grips sold in California after January 1, 2013, Stanley shall maintain copies of any testing of such products demonstrating compliance with reformulation requirements.  Should Stanley agree to broaden the Consent Judgment to encompass all of the United States by September 15, 2012, Moore agreed to waive a portion of the civil fine that would otherwise be applied.    

The Consent Judgment requires settlement payments of $51,500, 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.