Moore v. Arlee Home Fashions, Inc.
Citizen enforcer John Moore and settling defendant Arlee Home Fashions, Inc. ("Arlee") entered into a Settlement Agreement on January 8, 2013, which resolved Moore's allegations that Arlee sold vinyl/PVC curtains 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, Arlee agreed not to sell any vinyl/PVC curtains in California after February 7, 2013, unless the curtains contain less than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies. Should Arlee comply with these heightened standards by January 8, 2013, Moore agreed to waive a portion of the civil fine that would otherwise be applied.
The Settlement Agreement requires settlement payments of $30,000, 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.