Held v. Kinco, LLC

The parties involved in the enforcement action Held v. Kindler, Inc., et al. executed an agreement on October 21, 2014.  In this matter, citizen enforcer Anthony E. Held, Ph.D., P.E., alleged that the defendant Kinco, LLC dba Kinco International (“Kinco”) sold vinyl/PVC gloves 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, Kinco agreed not to sell any vinyl/PVC gloves in California after ten days following the Alameda County Superior Court approving the Consent Judgment, unless the gloves contain no more than 1,000 parts per million of di(2-ethylhexyl)phthalate (“DEHP”) when analyzed using state or federally approved testing methodologies or Proposition 65 warnings are provided.   Should Kinco provide written certification that all vinyl/PVC gloves sold in California qualify as reformulated by November 15, 2014, Held agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $44,000, 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.