Held v. Implus Footcare, LLC, et al.

On February 9, 2012, the Marin County Superior Court entered a Proposition 65 Settlement and Consent Judgment in Held v. Implus Footcare, LLC, et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Implus Footcare, LLC ("Implus") sold bags/cases for toiletries containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health warnings.

As part of the settlement, Implus agreed not to sell bags/cases for toiletries in California unless such bags/cases for toiletries are reformulated to contain less than .1% of DEHP in each accessible component when analyzed pursuant to state and federally approved testing methodologies. Implus also agreed to place Proposition 65 warnings on the covered products it did not reformulate.

The Consent Judgment requires settlement payments of $38,000, 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.