Held v. Century Novelty Company, Inc.
On January 15, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Century Novelty Company, Inc. (“Century”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that Century sold children’s vinyl bags, children’s inflatable toys, and other children’s items 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, Century agreed not to sell any children’s inflatable toys or children’s vinyl bags in California after January 15, 2009, unless the toys and bags contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 health hazard warnings provided. After March 31, 2009, all of the inflatable toys and vinyl bags sold by Century in California shall meet reformulation standards.
The Settlement Agreement requires settlement payments of $15,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Held and his counsel for their successful enforcement of this matter in the public interest.