Held v. Drybranch Inc., et al.
On December 23, 2008, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Drybranch Inc. ("Drybranch") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Drybranch sold sporting toys/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, Drybranch agreed not to sell any sporting toys/children's items in California after December 26, 2008, unless the sporting toys/children's items contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. Additionally, as a direct result of receiving Held's Notice, Drybranch discontinued the sale of the Sport Design Bowling Set (#0 38805 21221 2).
The Settlement Agreement requires settlement payments of $31,000, 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.