Held v. Allary Corporation

Citizen enforcer Anthony Held, Ph.D., P.E. and settling party Allary Corporation (“Allary”) entered into an out-of-court settlement agreement on April 30, 2015.  Held had alleged that Allary sold pouches with vinyl/PVC zipper pulls 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, Allary agreed not to sell any pouches with vinyl/PVC zipper pulls in California after April 30, 2015, unless the pouches contain less than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), butyl benzyl phthalate (“BBP”), and diisononyl phthalate (“DINP”) when analyzed using state or federally approved testing methodologies or bear a Proposition 65 warning pursuant to section 2.2 of the agreement.

The Settlement Agreement requires settlement payments of $26,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Held and his counsel for their successful enforcement of this matter in the public interest.