Held, et al v. American Crafts, L.C.
The parties involved in the case Held and Moorberg, et al v. American Crafts, L.C. executed a Consent Judgment on October 29, 2015. In this matter, citizen enforcers Anthony E. Held, Ph.D., P.E. and Mark Moorberg alleged that American Crafts, L.C. (“American Crafts”) sold vinyl/PVC keychains 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 agreement, American Crafts agreed not to sell any vinyl/PVC craft embellishments and vinyl/PVC pen pouches in California after the Alameda County Superior Court approves the Judgment, unless the products contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. Should American Crafts provide written certification that all vinyl/PVC craft embellishments and vinyl/PVC pen pouches sold in California qualify as reformulated by February 1, 2016, Held and Moorberg agreed to waive a portion of the civil fine that would otherwise be applied.
The Consent Judgment required settlement payments of $32,500, 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 Moorberg and their counsel for their successful enforcement of this matter in the public interest.