Moore v. LEM Products Holding LLC
On March 19, 2018, citizen enforcer John Moore and settling party LEM Products Holding LLC (“LEM Products”) entered into an out-of-court settlement agreement. Moore had alleged that LEM Products sold vinyl/PVC tool grips 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, LEM Products agreed not to sell any vinyl/PVC tool grips in California after April 23, 2018, unless the tool grips contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.
The Settlement Agreement requires settlement payments of $22,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Moore and his counsel for their successful enforcement of this matter in the public interest.