Moore v. Wiesner Products, Inc.

Posted: 05/18/2012  browse the case archive

On May 18, 2012, the Marin County Superior Court entered a Consent Judgment in Moore v. Wiesner, et al., which resolved citizen enforcer John Moore's allegations that the defendant, Wiesner Products, Inc. ("Wiesner"), sold footwear containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), and di-n-butyl phthalate ("DBP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Wiesner agreed not sell in California any footwear after January 1, 2013 unless such footwear complies with the reformulation standards set forth in Section 2.1 of the Consent Judgment. Due to Wiesner's commitment to comply with 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 $55,500, 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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