Held v. Mahar Manufacturing Corporation

Posted: 07/29/2009  browse the case archive

On July 29, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant Mahar Manufacturing Corporation dba Fiesta Toys ("Mahar") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Mahar sold children's bags with vinyl components 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, Mahar agreed not to sell any children's bags with vinyl components in California after June 20, 2009, unless the bags contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 health hazard warnings affixed to them. After August 31, 2009, 100% of children's bags sold in California by Mahar shall comply with reformulation standards.

The Settlement Agreement requires settlement payments of $18,000, 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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