Held v. Barry-Owen Co., Inc.

On September 17, 2009, the Marin County Superior Court entered a Consent Judgment in Held v. Barry-Owen Co., Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Barry-Owen Co., Inc. ("Barry-Owen") sold children's vinyl or rubber keychains/toys and bracelets with vinyl/rubber charm plugs 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, Barry-Owen agreed not to sell any keychains or bracelets in California after December 31, 2009, unless the bracelets and keychains contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 health hazard warnings provided. The settlement sum does not include additional fees incurred seeking judicial approval of the Consent Judgment.

The Consent Judgment requires settlement payments of $26,600, 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.