Held v. Imex Discovery Resources, Incorporated

Posted: 03/26/2012  browse the case archive

On March 26, 2012, the Alameda County Superior Court entered a Consent Judgment in Held v. Imex Discovery Resources, Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant, Imex Discovery Resources, Inc. ("Imex"), sold toiletry cases containing the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP") and di-n-butyl phthalate ("DBP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Imex agreed not to sell any toiletry cases/bags in California after November 21, 2011, unless the toiletry cases/bags contain less than or equal to .1% each of DEHP and DBP in any accessible component when analyzed pursuant to state and federally approved testing methodologies. Due to Imex's commitment to comply by these heightened standards and cooperation during the settlement process, Held agreed to credit Imex with a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $93,500, 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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