Held v. Nancy Sales Company, Inc., et al.

Posted: 02/24/2010  browse the case archive

On February 24, 2010, the Santa Clara County Superior Court entered a Consent Judgment in Held v. Nancy Sales Company, Inc., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant, Nancy Sales Company, Inc. ("Nancy"), sold children's vinyl plush toys and vinyl keychains 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, Nancy agreed not to sell any children's vinyl plush toys or vinyl keychains in California after January 15, 2010, unless the plush toys and keychains contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or contain Proposition 65 warnings.

The Consent Judgment requires settlement payments of $43,500, to be 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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