Held v. BCBG Max Azria Group, Inc.

Posted: 01/20/2012  browse the case archive

On January 20, 2012, the Marin County Superior Court entered a Consent Judgment in Held v. BCBG, et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant, Max Rave, LLC ("Max Rave"), sold in the State of California footwear containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") without providing the requisite Proposition 65 warnings.

As part of the settlement, Max Rave agreed not to sell or offer for sale footwear in California after January 20, 2012, unless such footwear contained less than 1,000 parts per million of DEHP in any accessible component when analyzed pursuant to state and federally approved testing methodologies. Due to Max Rave's commitment to comply by these heightened standards, Held agreed to credit a Max Rave with portion of the civil penalties that would otherwise be applied.

The Consent Judgment requires settlement payments of $118,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to Held and his counsel for their successful enforcement of this matter in the public interest.

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