Held v. National Pen Co. LLC; National Design LLC

On March 30, 2010, the Alameda County Superior Court entered a Consent Judgment in Held v. National Pen Co. LLC; National Design LLC, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendants, National Pen Co. LLC and National Design LLC (collectively "National"), sold children's stationary sets with vinyl bags and vinyl erasers 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, National agreed not to sell any children's stationary sets with vinyl bags or vinyl erasers in California after October 7, 2009, unless the stationary sets and erasers 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 $182,500, 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.