Moore v. Raymond Geddes & Company, Inc.

On June 24, 2012, citizen enforcer John Moore and settling defendant Raymond Geddes & Company, Inc. ("RGC"), entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that RGC sold pencil cases/pouches, key chains, and rulers 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, for a brief period, RCG sold pencil cases/pouches, key chains, and rulers in California with Proposition 65 warnings. After this point, RGC agreed not to sell any pencil cases/pouches, key chains, or rulers in California after June 22, 2012, unless the pencil cases/pouches, key chains, and rulers contain no more than 1,000 parts per million (0.1%) of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Should RGC eliminate the need for Proposition 65 warnings by February 28, 2013, Moore agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $29,000, 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.