Moore v. Winsome Trading, Inc.

The parties involved in the enforcement action Moore v. Winsome Trading, Inc. executed a Consent Judgment on January 16, 2013, which resolved citizen enforcer John Moore’s allegations that the defendant Winsome Trading, Inc. (“Winsome”) sold stools with vinyl seats 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, Winsome agreed not to sell any stools with vinyl seats in California after January 16, 2013, unless the stools contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Winsome eliminate the need for Proposition 65 warnings on the stools by February 15, 2013, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $39,000, 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.