Held v. Allstar Marketing Group, LLC

Posted: 12/12/2011  browse the case archive

On December 12, 2011, the San Francisco County Superior Court entered a Consent Judgment in Held v. Allstar Marketing Group, LLC., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant, Allstar Marketing Group, LLC ("Allstar"), sold Buxton cell phone wallets containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), di-n-butyl phthalate ("DBP"), and the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Allstar agreed not to sell any Buxton cell phone wallets in California after March 31, 2011, unless the wallets comply with the reformulation standards set forth in Section 3.1 and 3.2 of the Consent Judgment when analyzed using state or federally approved testing methodologies. Due to Allstar's commitment to comply by these heightened standards, Held agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $75,000, 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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