Held v. Cedar Fair, L.P., and Knott's Berry Farm

On February 25, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendants Cedar Fair, L.P., and Knott's Berry Farm (collectively "Knott's Berry") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Knott's Berry sold soft sports balls, vinyl bags and other 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, Knott's Berry agreed not to sell any soft sport balls, vinyl bags and other children's items in California after March 2, 2009, unless the products 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 affixed to them. Additionally, at least 90% of the balls, bags, and other children's items offered for sale in California after March 2, 2009, shall be phthalate free, with the remaining 10% of products sold or shipped with Proposition 65 health hazard warnings affixed to them.

The Settlement Agreement requires settlement payments of $28,000, 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.