Held et al. v. Michaels Stores, Inc., et al.

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 Michaels Stores, Inc. and its releasee Aaron Brothers, Inc. (collectively “Michaels”), which allegedly sold photo albums, luggage tags, travel accessories, wallets, handbags, bag charms, eyeglass cases, craft tools, décor items, suction cups, aprons, gloves, footwear, storage containers, stickers, coverings for mobile electronic devices, and vinyl placemats 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, Michaels agreed not to sell any covered 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, Michaels 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.  Because Michaels agreed to reformulate its products to eliminate the need for Proposition 65 warnings, Moore and Held agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $81,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, the waived civil fine, and compensation to whistleblowers Moore and Held and their counsel for their successful enforcement of this matter in the public interest.