Held v. Ball, Bounce & Sport, Inc., et al.

Posted: 10/27/2008  browse the case archive

On October 27, 2008, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Ball, Bounce & Sport, Inc.  (“BB&S”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that BB&S sold sporting toys and 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, BB&S agreed not to sell any sporting toys or children’s items in California after October 27, 2008, unless the toys and children’s items have Proposition 65 warnings provided or contain no more than 1,000 parts per million of DEHP, butyl benzyl phthalate (“BBP”), and di-n-butyl phthalate (“DBP”) when analyzed using state or federally approved testing methodologies.  By December 31, 2008, all of the sporting toys and children’s items sold by BB&S in California shall qualify as reformulated.

The Settlement Agreement requires settlement payments of $48,000, 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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