Held v. Franco American Novelty Company LLC

Posted: 01/09/2013  browse the case archive

Citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations against the defendant Franco American Novelty Company LLC ("Franco American") were resolved on January 9, 2013, when the Marin County Superior Court entered a Consent Judgment in Held v. Franco American Novelty Company LLC. In this matter, Held alleged that Franco American sold gloves 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, Franco American agreed not to sell any gloves in California after September 15, 2012, unless the gloves are "DEHP Free." Such gloves must contain components that may be handled, touched, or mouthed by a consumer, and yield less than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies. Should Franco American comply with these heightened standards by September 1, 2012, Held agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $36,500, 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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