Moore v. Top Flight, Inc.
On January 17, 2018, citizen enforcer John Moore and settling party Top Flight, Inc. (“Top Flight”) entered into an out-of-court settlement agreement. Moore had alleged that Top Flight sold binder/notebook covers 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, Top Flight agreed not to sell any binder/notebook covers in California after January 15, 2018, unless the covers 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 $24,500, 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.