Held v. Kellytoy (USA), Inc.; National Stores, Inc.; Factory 2-U

On January 9, 2009, the Alameda County Superior Court entered a Consent Judgment in Held v. Kellytoy (USA) Inc., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Kellytoy (USA), Inc. ("Kellytoy") sold sporting goods and toys for children 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, Kellytoy agreed not to ship any sporting goods or toys in California after September 30, 2008, unless the sporting items contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. The settlement sum does not include fees incurred seeking judicial approval of the Consent Judgment.

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