Held v. Darice, Inc., et al.

On August 4, 2008, the Sacramento County Superior Court entered a Consent Judgment in Held v. Darice, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Darice, Inc. ("Darice") sold children's products 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, Darice agreed not to sell any of the rubber duck bath toys specifically identified in the Consent Judgment in California after May 29, 2008, unless the bath toys contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. By December 31, 2008, all rubber duck bath toys sold by Darice in California shall qualify as reformulated. Additionally, Darice agreed to recall all non-reformulated rubber duck bath toys remaining in California.

The Consent Judgment requires settlement payments of $35,000, 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.