Moore v. Swift Distribution, Inc.

On August 29, 2012, citizen enforcer John Moore and settling defendant Swift Distribution, Inc. ("Swift") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Swift sold keyboard benches 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, Swift agreed not to sell any keyboard benches with vinyl seats in California after August 31, 2012, unless the keyboard benches contain less than 0.1 percent (1,000 parts per million) of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Due to Swift'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 $20,500, 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.