Held v. Franklin Sports, Inc., et al.

Posted: 08/18/2008  browse the case archive

On August 18, 2008, the Sacramento County Superior Court entered a Consent Judgment in Held v. Toys "R" Us, Inc., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Franklin Sports, Inc. ("Franklin") sold sporting toys/children's items designed to be used by children under six years of age 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, Franklin agreed not to sell any children's sporting toys in California after July 31, 2008, unless the sporting toys are sold or shipped with Proposition 65 warnings or contain no more than 1,000 parts per million of DEHP, butyl benzyl phthalate ("BBP"), di-n-butyl phthalate ("DBP"), and diisodecyl phthalate ("DIDP") when analyzed using state or federally approved testing methodologies. 100% of sporting toys offered for sale by Franklin in California after November 30, 2008, shall qualify as reformulated. Additionally, Franklin agreed to recall all Sizzlin' Cool Baseball Glove and Ball, #1424055 (#0 25725 22675 7) units which exceeded 1,000 parts per million of DEHP. The settlement sum does not include additional fees incurred seeking judicial approval of the Consent Judgment.

The Consent Judgment requires settlement payments of $32,000, to be 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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