Moore v. The Aspen Brands Company; et al.

Posted: 08/28/2012  browse the case archive

On August 28, 2012, the San Francisco County Superior Court entered a Consent Judgment in Moore v. The Aspen Brands Company; et al., which resolved citizen enforcer John Moore's allegations that The Aspen Brands Company ("Aspen") sold luggage tags 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, Aspen agreed not to sell luggage tags in California after August 28, 2012, unless the luggage tags contain less than or equal to 1,000 parts per million (0.1%) of DEHP when analyzed pursuant to state and federally approved testing methodologies. Due to Aspen's commitment to comply by these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $54,500, to be 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.

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