Held v. Fluke Corporation

Whistleblower Anthony E. Held, Ph.D., P.E.'s allegations against settling party Fluke Corporation ("Fluke") were resolved on February 12, 2013, when the parties entered into a Settlement Agreement. Held alleged that Fluke sold soft carrying cases 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, for a brief interim period, Fluke was permitted to sell the specific carrying case identified in the Settlement Agreement in California with Proposition 65 warnings provided. However, after August 1, 2013, the carrying case must contain no more than 1,000 parts per million of DEHP, di-n-butyl phthalate ("DBP"), and butyl benzyl phthalate ("BBP") in any accessible component when analyzed using state or federally approved testing methodologies. Should Fluke provide written certification that it has complied with these heightened standards by August 15, 2013, Held agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $53,000, 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.