Held v. Baby Togs, Inc.

Posted: 04/13/2009  browse the case archive

On April 13, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant Baby Togs, Inc. ("Baby Togs") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Baby Togs sold children's clothing ensembles with shoes 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, Baby Togs agreed not to manufacture any children's clothing ensembles with shoes in California after April 15, 2009, unless the clothing ensembles contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $17,000, 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.

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