Moore Settles Phthalates Case with Mannington for Up To $95K in Penalties
John Moore, a client of The Chanler Group, and Mannington Mills, Inc., a flooring manufacturer, reached a settlement this month, resolving Moore’s allegations that Mannington violated Proposition 65 by offering vinyl sheet flooring containing the phthalate chemical benzyl butyl phthalate (“BBP”) for sale in California without first providing the required health hazard warnings.
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has designated BBP as a chemical known to cause reproductive harm.
As part of the settlement, Mannington will pay an initial civil penalty of $25,000, 75% of which will be paid to OEHHA, with the remaining 25% to be paid to whistleblower Moore. Mannington also agrees to reformulate all flooring products that it offers for sale in California to contain less than .01% BBP. On December 31, 2013, Mannington will pay a final civil penalty of $70,000. However, if Mannington reformulates its products to achieve the less than .01% BBP standard by December 15, 2013, Moore will waive the $70,000 final civil penalty. This settlement structure provides an incentive to Mannington to promptly reformulate its products to virtually eliminate BBP, or pay a much more substantial penalty than the initial penalty. In addition to the civil penalties, the settlement payment includes a $7,500 cy pres payment to the Silent Spring Institute in lieu of further civil penalties. Altogether, Mannington may be liable for $95,000 in civil penalties, plus the $7,500 cy pres payment, for a potential total of $102,500.
Silent Spring is a non-profit organization staffed by scientists and researchers who work together to identify and break the links between exposure to harmful chemicals (including BBP) and cancer and/or reproductive harm.
The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.