Moore v. TJ Promotions Corp.

On May 13, 2019, citizen enforcer John Moore and settling party TJ Promotions Corp. (“TJ Promotions”) entered into an out-of-court settlement agreement. Moore had alleged that TJ Promotions sold drinking glasses with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

 

As part of the settlement, TJ Promotions agreed not to sell any drinking glasses with exterior designs in California after May 10, 2019, unless the glasses are virtually free of lead when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should TJ Promotions certify to Moore by December 1, 2019 that TJ Promotions has met this reformulation standard, Moore has agreed to waive a portion of the civil penalty that would otherwise be applied.

 

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