Held v. New View Gifts and Accessories, Ltd.

On September 3, 2015, citizen enforcer Anthony E. Held, Ph.D, P.E. and settling party New View Gifts and Accessories, Ltd. (“New View”) entered into an out-of-court settlement agreement.  Held had alleged that New View sold photo frames with vinyl/PVC components and vinyl/PVC photo album covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and beverage dispenser handles containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, New View agreed not to sell any photo frames with vinyl/PVC components, vinyl/PVC photo album covers, or beverage dispenser handles in California after August 28, 2015, unless the products contain less than 1,000 parts per million (“ppm”) of DEHP and less than 100 ppm of lead when analyzed using state or federally approved testing methodologies.  Products that do not meet the above requirements shall be sold with Proposition 65 warnings provided.  Should New View provide Held with written certification by February 15, 2016 that all photo frames with vinyl/PVC components, vinyl/PVC photo album covers, and beverage dispenser handles sold in California qualify as reformulated products under the agreement, Held agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $41,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Held and his counsel for their successful enforcement of this matter in the public interest.