Facts

John Moore sued New Enterprise Stone & Lime Co. Inc. and Work Area Protection Corporation relating to vinyl/PVC cones, which can be used for traffic or safety purposes.

PLAINTIFFS' CONTENTIONS:
Moore contended that defendants violated Proposition 65 when they failed to warn their customers in California that their cones contained di(2-ethylhexyl)phthalate (DEHP).

DEFENDANT'S CONTENTIONS:
Defendants denied Moore's allegations and contended that their products were in compliance with the law.

Result

Pursuant to the consent judgment entered into between the parties, defendants agreed to reformulate the products to contain a maximum DEHP concentration of 0.1 percent (1,000 parts per million). They will also pay $7,500 in civil penalties, with 75 percent going to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent going to Moore. The defendants will also reimburse Moore for his attorney fees and costs in the amount of $32,500.

Other Information

FILING DATE: Aug. 7, 2015.