Moore v. Wondertreats, Incorporated

On August 25, 2011, citizen enforcer John Moore and settling defendant Wondertreats, Incorporated ("Wondertreats"), entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Wondertreats sold footwear containing excessive amounts of the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and tote bags containing excessive amounts of the phthalate chemicals DEHP and di-n-butyl phthalate ("DBP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Wondertreats agreed not to sell any tote bags or footwear in California after August 22, 2011, unless the tote bags and footwear are "Phthalate Free." Phthalate Free footwear and tote bags must contain less than 1,000 parts per million of either DEHP or DBP when analyzed using state or federally approved testing methodologies. Due to Wondertreats' commitment to comply by these heightened standards and cooperation during the settlement process, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $17,500, 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.