Moore v. UMA Enterprises, Inc.

Posted: 11/30/2012  browse the case archive

Citizen enforcer John Moore's allegations against the defendant UMA Enterprises, Inc. ("UMA") were resolved on November 30, 2012, when the Alameda County Superior Court entered a Consent Judgment in Moore v. UMA Enterprises, Inc., settling Moore's allegations that UMA sold ottomans, stools, trunks, and other container boxes 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, UMA agreed not to sell any ottomans, stools, and trunks or other container boxes in California after November 30, 2012, unless the products contain lesno more than 1,000 part per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Should UMA commit to comply by these heightened standards by October 1, 2012, Moore agreed to credit a portion of the civil fine that would otherwise have been applied.

The Consent Judgment requires settlement payments of $95,000, 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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