Held and Brimer v. Creata (USA) Inc.

On May 5, 2009, citizen enforcers Anthony E. Held, Ph.D., P.E. and Russell Brimer and settling defendant Creata (USA) Inc. (“Creata”) entered into an out-of-court Settlement Agreement, which resolved Brimer’s allegations that Creata sold mugs with colored artwork or designs containing the heavy metal lead and Held’s allegations that Creata sold inflatable vinyl toys and PVC keychains containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”), both in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Creata agreed not to sell any mugs or inflatable vinyl toys/children’s items in California after April 30, 2009, unless the toys and key chains contain no more than 1,000 parts per million of DEHP and the mugs contain no more than 600 parts per million of lead when analyzed using state or federally approved testing methodologies, or the mugs and toys have Proposition 65 health hazard warnings provided.

The Settlement Agreement requires settlement payments of $29,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblowers Held, Brimer, and their counsel for their successful enforcement of this matter in the public interest.