Held v. 99 Cents Only Stores, et al.

Posted: 10/03/2008  browse the case archive

On October 3, 2008, the Sacramento County Superior Court entered a Consent Judgment in Held v. 99 Cents Only Stores, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant 99 Cents Only Stores ("99") sold toys or other child care products 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, 99 agreed not to sell any children's sport toy balls, bats, gloves, sipper bottles, watches, and bibs in California after July 31, 2008, unless the products contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. Additionally, by July 31, 2008, 99 shall recall and not sell in California any of the products specifically identified in Held's Notices unless the products qualify as reformulated.

The Consent Judgment requires settlement payments of $63,000, to be 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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