Held v. Kolder, Inc.

Posted: 02/12/2014  browse the case archive

The parties involved in the case Held v. Kolder, Inc. executed a Consent Judgment on February 12, 2014.  In this matter, citizen enforcer Anthony Held, Ph.D., P.E., alleged that Kolder, Inc. (“Kolder”) sold vinyl/PVC beverage containers containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Kolder agreed not to sell any vinyl/PVC beverage containers, products with vinyl/PVC decals, plastic/PVC bags, or PVC/vinyl covered technology related accessories in California after the Santa Clara County Superior Court approves the Consent Judgment, unless the products contain no more than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), or butyl benzyl phthalate (“BBP”) when analyzed using state or federally approved testing methodologies.  Should Kolder provide written certification that in addition to satisfying the DEHP, DBP, and BBP reformulation standards,  all products contain no more than 1,000 parts per million of Di-isodecyl phthalate and Di-n-hexyl phthalate by June 30, 2014, and continuing into the future, Held agreed to waive a portion of the civil fine that would otherwise be applied.  Additionally, Held agreed to waive a substantial portion of the civil penalty due to Kolder's efforts to investigate and reformulate its products immediately following receipt of Held's notice.

The Consent Judgment required settlement payments of $90,000, 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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