Held v. Bangkit (U.S.A.) Inc., et al.

Posted: 07/22/2008  browse the case archive

On July 22, 2008, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Bangkit (U.S.A.) Inc. ("Bangkit") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Bangkit sold children's art smocks 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, Bangkit agreed not to sell any children's art smocks in California after July 30, 2008, unless the smocks have Proposition 65 warnings provided or contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. 100% of smocks offered for sale after September 1, 2008, shall qualify as phthalate free.

The Settlement Agreement requires settlement payments of $25,000, 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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