Moore v. Von Maur Inc.

Citizen enforcer John Moore and settling defendant Von Maur Inc. (“Von Maur”) entered into a Settlement Agreement on May 21, 2013, which resolved Moore’s allegations that Von Maur sold vinyl clutches 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, Von Maur agreed not to sell any vinyl clutches in California after May 20, 2013, unless the clutches contain less than 1,000 parts per million (0.1%) of DEHP and di-n-butyl phthalate (“DBP”) when analyzed using state or federally approved testing methodologies.  Clutches that do not meet the reformulation standard may be sold on Von Maur’s website as long as Proposition 65 health hazard warnings are provided.  Additionally, Von Maur agreed to provide the reformulation standards to its vendors by June 19, 2013, and instruct them to provide clutches that comply with the standards expeditiously. 

The Settlement Agreement requires settlement payments of $9,800, 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.