Held v. Dollar Tree Distribution, Inc., Greenbrier International, Inc. dba Dollar Tree Merchandising, et al.

On December 23, 2008, the Alameda County Superior Court entered a Consent Judgment in Held v. Dollar Tree Distribution, Inc., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that defendants Dollar Tree Distribution, Inc. and Greenbrier International, Inc. dba Dollar Tree Merchandising (collectively "Dollar Tree") 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, Dollar Tree agreed not to sell any children's products in California after July 30, 2008, unless the products are sold or shipped with Proposition 65 warnings or contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. 100% of children's products sold by Dollar Tree in California after September 30, 2008, shall qualify as reformulated. Due to Dollar Tree's prompt cooperation and commitment to reformulation, Held agreed to waive a portion of the civil fine that would otherwise be applied. The settlement sum does not include additional fees incurred seeking judicial approval of the Consent Judgment.

The Consent Judgment requires settlement payments of $147,000, 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.