Held v. Aqua-Leisure Industries, Inc., et al.

On December 23, 2008, the Santa Clara County Superior Court entered a Consent Judgment in Held v. Aqua-Leisure Industries, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Aqua-Leisure Industries, Inc. ("Aqua Leisure") sold toys or other children's items 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, Aqua Leisure agreed not to sell any toys or other children's items in California after June 30, 2008, unless the toys and other children's items contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. The settlement sum does not include additional fees incurred seeking judicial approval of the Consent Judgment.

The Consent Judgment requires settlement payments of $38,000, 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.