Held v. Aldo

This Proposition 65 action arose from Anthony E. Held, Ph.D., P.E. and John Moore’s allegations in 2009 that certain fashion accessories containing one or more phthalate chemicals known to cause reproductive harm, specifically di(2-ethylhexyl)phthalate (“DEHP”), butyl benzyl phthalate (“BBP”), and Di-n-butyl phthalate (“DBP”), were sold to unwitting California consumers without providing the requisite Proposition 65 warnings.

On October 29, 2010, the San Francisco Superior Court entered a Consent Judgment executed by Dr. Held and Moore and the fourteen Initial Settling Defendants.  This Consent Judgment resolved Dr. Held and Moore’s allegations that the Initial Settling Defendants sold certain fashion accessories (“Covered Products”) that allegedly exposed California citizens to DEHP without the requisite Proposition 65 warnings.  The Consent Judgment required the Initial Settling Defendants to reduce the level of DEHP in their Covered Products in order to eliminate the need for a warning and also to pay a civil penalty for past violations plus a reasonable portion of Dr. Held and Moore’s attorneys’ fees and costs. 

On March 14, 2011, the same Court entered an amendment to the original Consent Judgment (“Amended Consent Judgment”), which expanded the scope of the original Consent Judgment to include two additional phthalates, BBP and DBP, and required the Initial Settling Defendants to reduce the levels of BBP and DBP in their Covered Products to eliminate the need for a warning with respect to these chemicals. The Consent Judgment and Amended Consent Judgment each contained an opt-in mechanism whereby similarly-situated entities could participate in the settlements (i.e., opt-in) to address their potential Proposition 65 liability with respect to the presence of DEHP, BBP, and/or DBP in their Covered Products by agreeing to be bound by the injunctive terms of the Amended Consent Judgment, paying a civil penalty for past violations, and paying a portion of Dr. Held and Moore’s fees and costs.  A total of 132 entities elected to opt-in to the settlement ( “Opt-In Settling Defendants”). 

To date, Dr. Held and Moore’s efforts have resulted in 146 independent entities agreeing to significantly reformulate their fashion accessory products.  By reducing the concentration of each toxin to no more than 1,000 parts per million in each accessible component of the fashion accessories, the companies virtually eliminated the presence of DEHP, DBP, and BBP.  Additionally, the Initial Settling Defendants and Opt-In Settling Defendants paid initial civil penalties in the amount of $1,476,000.  When including the supplemental fines paid, this amount grew to $1,932,000 and will continue to increase should entities extend the reformulation period.