Moore v. Trudeau Corporation (America) Inc.

Posted: 08/01/2013  browse the case archive

The parties executed a Consent Judgment in Moore v. Trudeau Corporation (America) Inc., on August 1, 2013, which resolved citizen enforcer John Moore’s allegations that the defendant Trudeau Corporation (America) Inc. (“Trudeau”) sold forks 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, Trudeau agreed not to sell any forks with grips in California after July 1, 2013, unless the forks contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should Trudeau provide written certification that all forks sold in California by October 15, 2013, and continuing in to the future, qualify as reformulated, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $37,373.64 in 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.  The appropriate compensation was determined by the Honorable Ronald M. Sabraw (Ret.) in mediation on October 24, 2013.

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