Moore v. Trudeau Corporation (America) Inc.

Whistleblower John Moore and settling party Trudeau Corporation (America) Inc. (“Trudeau”) entered into an out-of-court Settlement Agreement on May 9, 2014, which resolved Moore’s allegations that Trudeau sold strainers with vinyl/PVC handles containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”), mugs with vinyl/PVC handles containing DEHP, and bottles with vinyl/PVC sleeves containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Trudeau agreed not to sell any strainers, mugs, or bottles in California after April 30, 2014, unless the products contain no more than 1,000 parts per million of DEHP and no more than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies.  Should Trudeau provide written certification that by July 15, 2014, and continuing into the future, all strainers, mugs, and bottles sold in California qualify as reformulated, Moore agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $37,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Moore and his counsel for their successful enforcement of this matter in the public interest.