Held v. The Gap, Incorporated; Banana Republic, LLC; and Old Navy, LLC

On October 4, 2011, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendants The Gap, Incorporated; Banana Republic, LLC; and Old Navy LLC (collectively "Gap"), entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Gap sold toiletry cases/bags, cosmetic cases/bags, and luggage tags containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

As of September 30, 2011, Gap represents that it ceased selling toiletry cases/bags, cosmetic cases/bags, and luggage tags in California. However, as part of the settlement, should Gap decide to continue selling those products in California, Gap agreed to only offer toiletry cases/bags, cosmetic cases/bags, and luggage tags that contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $34,000, 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.