Held v. Kennedy International, Inc.

Whistleblower Anthony Held, Ph.D., P.E. and settling party Kennedy International, Inc. (“Kennedy”) entered into an out-of-court Settlement Agreement on February 3, 2014, which resolved Held’s allegations that Kennedy sold vinyl/PVC cosmetic/toiletry bags and ottomans with vinyl/PVC upholstery 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, Kennedy agreed not to sell any cosmetic/toiletry bags or ottomans with in California after February 1, 2014, unless the products contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should Kennedy provide written certification that by April 15, 2014, and continuing into the future, all vinyl/PVC ottomans and cosmetic/toiletry bags sold in California qualify as reformulated, Held agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $21,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Held and his counsel for their successful enforcement of this matter in the public interest.