Moore v. Victory Land Group, Inc.

Posted: 11/29/2011  browse the case archive

On November 29, 2011, citizen enforcer John Moore and settling defendant Victory Land Group, Inc. ("Victory Land") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Victory Land sold coverings for stools 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, Victory Land agreed not to sell any coverings for stools in California after December 1, 2011, unless all accessible components of the coverings contain less than .1 percent of DEHP when analyzed using state or federally approved testing methodologies. Due to Victory Land's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $30,500, 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.

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