Held v. Digital Peripheral Solutions, Inc.

On March 16, 2015, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Anthony E. Held, Ph.D, P.E. made against settling party Digital Peripheral Solutions, Inc. (“DPS”).  In this matter, Held alleged that DPS sold tools with vinyl/PVC grips 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, DPS agreed not to sell any tools with vinyl/PVC grips in California after March 16, 2015, unless the tools contain less than 1,000 parts per million of DEHP, diisononyl phthalate (“DINP”), di-n-butyl phthalate (“DBP”), or butyl benzyl phthalate (“BBP”) in any accessible component when analyzed using state or federally approved testing methodologies, or have Proposition 65 warnings provided.  DPS has also agreed to provide its vendors with the reformulation standard above and instruct them to provide products that comply expeditiously.  Should DPS provide written certification by August 15, 2015, that all tools with vinyl/PVC grips qualify as reformulated, Held agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $34,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Held and his counsel for their successful enforcement of this matter in the public interest.