Moore v. Westrim, Inc., et al.

On May 25, 2011, the Marin County Superior Court entered a Consent Judgment in Moore v. Westrim, Inc.; et al., which resolved citizen enforcer John Moore's allegations that the defendants Westrim, Inc. ("Westrim") and Creativity, Inc. ("Creativity") sold crafting tools 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, Westrim and Creativity agreed not to sell any crafting tools in California after November 17, 2010, unless each accessible component of the tools contained less than or equal to 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies, or the tools are labeled with Proposition 65 warnings. Westrim and Creativity commit that 100% of the crafting tools manufactured by or for them after November 17, 2010, shall qualify as reformulated. Due to Westrim's and Creativity's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $74,000, 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.