Held v. Jo-Ann Stores, Inc.

Posted: 01/15/2009  browse the case archive

On January 15, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Jo-Ann Stores, Inc. (“JAS”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that JAS sold children’s sporting toys and other items, including inflatable vinyl toys, water squirters, cosmetic bags, eyeglass cases, and vinyl fabric and clothing, 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, JAS agreed not to sell any children’s sporting toys or other items after January 15, 2009, unless the products contain less than 1,000 parts per million of DEHP, di-n-butyl phthalate, and butyl benzyl phthalate when analyzed using state or federally approved testing methodologies or have Proposition 65 health hazard warnings provided.  All of the sporting toys or other items sold in California by JAS after December 31, 2009, shall meet reformulation standards. 

The Settlement Agreement requires settlement payments of $36,000, 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.  

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