Moore v. C & S Wholesale Grocers, Inc., et al.

On June 26, 2012, the San Francisco County Superior Court entered a Consent Judgment in Moore v. C & S Wholesale Grocers, Inc., et al., which resolved citizen enforcer John Moore's allegations that the defendant C & S Wholesale Grocers, Inc. ("C & S") sold footwear containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP") and di-n-butyl phthalate ("DBP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, C & S agreed not to sell any footwear in California after March 9, 2012, unless such footwear contains less than or equal to 1,000 parts per million (0.1%) of DEHP or DBP when analyzed pursuant to state and federally approved testing methodologies. Due to C & S's commitment to comply with these heightened standards, Moore agreed to credit C&S with a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $37,500, 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.