Held v. Beverly Fabrics, Inc.

Posted: 08/27/2010  browse the case archive

On August 27, 2010, the Sacramento County Superior Court entered a Consent Judgment in Held v. Beverly Fabrics, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant, Beverly Fabrics, Inc. ("Beverly Fabrics"), sold plastic vinyl 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 agreement, Beverly Fabrics agreed not to sell any plastic vinyl in California after April 15, 2010, unless the plastic vinyl contains less than or equal to 1,000 parts per million of DEHP when analyzed using state and federally approved testing methodologies or contains Proposition 65 health hazard warnings.

The Consent Judgment requires settlement payments of $37,500, 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.

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