Held et al. v. Leisure Arts, et al.

Posted: 03/07/2012  browse the case archive

The Honorable Roy O. Chernus of the Marin County Superior Court granted the parties’ motion to approve the Consent Judgment in the case Held et al. v. Alticor, Inc., et al., on March 7, 2012.  This enforcement action resolved citizen enforcers John Moore and Anthony E. Held, Ph.D., P.E.’s allegations that eighteen defendants sold products containing phthalate chemicals, including the defendant Leisure Arts. and its releasee Tuesday Morning Corporation and Unicorn Books & Crafts (collectively “Leisure Arts”), which allegedly sold bags and knitting products containing the phthalate chemicals di(2-ethylhexyl)phthalate (“DEHP”), di-n-butyl phthalate (“DBP”) and butyl benzyl phthalate (“BBP”) in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Leisure Arts agreed not to sell any bags or knitting products in California after December 15, 2011, unless the products contain no more than 1,000 parts per million (0.1%) of DEHP, DBP, and BBP in any accessible component when analyzed using state or federally approved testing methodologies.  Additionally, Leisure Arts agreed to provide the reformulation standards to its vendors by January 15, 2012, and instruct them to provide products that comply with the reformulation standards expeditiously.  As a de minimus defendant, Leisure Arts paid a substantially reduced fine.

The Consent Judgment requires settlement payments of $28,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblowers Moore and Held and their counsel for their successful enforcement of this matter in the public interest.

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