Held v. Forney Industries, Inc.

Posted: 08/14/2019  browse the case archive
The parties involved in the case Held v. Forney Industries, Inc. executed a Consent Judgment on August 14, 2019.  In this matter, citizen enforcer Anthony E. Held, Ph.D., P.E. alleged that Forney Industries, Inc. (“Forney”) sold goggles with vinyl components 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 agreement, Forney agreed not to sell any goggles with vinyl components in California after the San Francisco County Superior Court approves the Judgment, unless the products contain less than 1,000 parts of million of DEHP, butyl benzyl phthalate (“BBP”), di-n-butyl phthalate (“DBP”), di-isodecyl phthalate (“DIDP”), di-n-hexyl phthalate (“DnHP”), and/or diisononyl phthalate (“DINP”) when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.
The Consent Judgment required settlement payments of $28,200, 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. 
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