Held v. J & D Brush Co., Inc., et al.
On April 12, 2012, the Marin County Superior Court entered a Consent Judgment in Held v. J & D Brush Co., Inc., et al., which resolved citizen enforcer Anthony Held, Ph.D., P.E.'s allegations that the defendant J & D Brush Co., Inc. ("J & D") sold toiletry cases/bags 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, J & D agreed not to sell in California after November 22, 2011 any toiletry cases/bags unless such toiletry cases/bags contain less than or equal to 1,000 parts per million (0.1%) of DEHP when analyzed pursuant state and federally approved testing methodologies. Due to J & D's willingness to comply with these heightened standards, Held agreed to credit a portion of the civil fine that would otherwise be applied.
The Consent Judgment requires settlement payments of $52,000, 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.