Held v. Mario Badescu Skin Care, Inc.

Posted: 06/23/2011  browse the case archive

On June 23, 2011, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Mario Badescu Skin Care, Inc. ("Badescu") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Badescu sold toiletry cases/bags 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, Badescu agreed not to sell any toiletry cases/bags in California after June 30, 2011, unless the toiletry cases/bags contain less than 0.1 percent (1,000 parts per million) of DEHP when analyzed using state or federally approved testing methodologies. Due to Badescu's commitment to comply by these heightened standards and cooperation during the settlement, Held agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $31,000, 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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