Moore v. Winplus North America, Inc.

On September 4, 2012, the San Francisco County Superior Court entered a Consent Judgment in Moore v. Winplus North America, Inc., which resolved citizen enforcer John Moore's allegations that the defendant Winplus North America, Inc. ("Winplus") sold automotive seat covers 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, Winplus agreed not to sell any automotive seat covers in California after June 4, 2012, unless the seat covers contain less than 1,000 parts per million ("ppm") of DEHP in each accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Winplus eliminate the need for Proposition 65 warnings on automotive seat covers it sells and ships, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $49,000, 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.