Held v. Euromarket Designs, Inc. and Meadowbrook, L.L.C.

Posted: 04/18/2011  browse the case archive

On April 18, 2011, Euromarket Designs, Inc. and Meadowbrook, L.L.C. (collectively "Euromarket"), executed an Amended Stipulation for Entry of Judgment electing to opt-into this Amended Consent Judgment to address plaintiff Anthony E. Held, Ph.D., P.E.'s allegations that Euromarket sold products containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), and Di-n-butyl phthalate ("DBP") in the State of California without providing the requisite Proposition 65 warnings. The products covered by this stipulation are wallets and other coin and bill holders; handbags, purses, clutches, and totes; luggage tags and ID cases; cosmetic cases/bags; and toiletry cases/bags; all containing DEHP, BBP, and DBP and sold and/or offered for sale to California citizens by Euromarket.

As part of the settlement, Euromarket agreed not to sell any of the covered products in California after December 15, 2011, unless such products are reformulated to contain less 1,000 parts per million or less of DEHP, DBP, and BBP in each accessible component when analyzed using state and federally approved testing methodologies. In the interim, Euromarket agreed to provide the agreed upon reformulation standard to its then-current vendors of fashion accessories sold or offered for sale to California citizens and was to instruct each vendor to use reasonable efforts to provide fashion accessories that comply with the reformulation standard expeditiously.

The Consent Judgment requires settlement payments of $46,000, 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.

On August 29, 2010, the San Francisco Superior Court consolidated two actions brought by citizen enforcers Anthony E. Held, Ph.D., P.E. and John Moore against the defendant manufacturers, distributors and retailers of fashion accessories alleged to have sold products containing the phthalate chemical DEHP to California citizens without the requisite health hazard warnings. On March 22, 2011, an Amended Consent Judgment for this matter, which added the two additional phthalates BBP and DBP, was approved. A summary of the consolidated action and settlement can be found in Held v. Aldo U.S., Inc., et al. and Moore v. Kate Spade, et al. Lead Case No. CGC-10-497729. Click here for primary case record

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