Held v. Dunn-Edwards Corporation

Posted: 01/23/2015  browse the case archive

On January 23, 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 Dunn-Edwards Corporation (“Dunn-Edwards”).  In this matter, Held alleged that Dunn-Edwards sold tools with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Dunn-Edwards agreed not to sell any tools with vinyl/PVC grips in California after January 23, 2015, unless the grips contain less than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), and butyl benzyl phthalate (“BPP”) in any accessible component when analyzed using state or federally approved testing methodologies, or have Proposition 65 warnings provided.  Should Dunn-Edwards provide written certification by May 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 $59,000, 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.  

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