Held v. Ferguson Enterprises, Inc., et al.

On November 23, 2015, citizen enforcer Anthony E. Held, Ph.D, P.E. and settling parties Ferguson Enterprises, Inc. and Ferguson Fire & Fabrication, Inc. (collectively, “Ferguson”) entered into an out-of-court settlement agreement.  Held had alleged that Ferguson 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, Ferguson agreed not to sell any tools with vinyl/PVC grips in California after December 31, 2015, unless the tools contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Ferguson provide Held with written certification by April 15, 2016 that all tools with vinyl/PVC grips sold in California qualify as reformulated products under the agreement, Held agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $30,500, 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.