Moore v. Title Boxing, LLC

Posted: 01/30/2012  browse the case archive

On January 30, 2012, citizen enforcer John Moore and settling defendant Title Boxing, LLC ("Title Boxing"), entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Title Boxing sold training and sauna fitness suits 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, Title Boxing agreed not to sell any training and sauna fitness suits in California after January 31, 2012, unless the suits 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 or have Proposition 65 warnings provided. Should Title Boxing eliminate the need for Proposition 65 warnings on the suits by January 15, 2013, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $48,000, 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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