Held v. Nina Footwear, Inc. and Mamiye Brothers, Inc.

Posted: 02/27/2012  browse the case archive

On February 27, 2012, the San Francisco County Superior Court entered an Amended Consent Judgment in Held v. S. Goldberg and Co., Inc., et al., which allowed defendants Nina Footwear, Inc. ("Nina") and Mamiye Brothers, Inc. ("Mamiye"), to opt-in to the original Consent Judgment, dated August 20, 2010, resolving citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that Nina and Mamiye sold children's shoes containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite Proposition 65 health hazard warnings.  Both the Amended Consent Judgment and court order approving the entry of the Amended Consent Judgment may be found below. 

As part of the settlement, Nina and Mamiye agreed not to sell any children's shoes in California after February 7, 2011, unless the shoes are sold or shipped with Proposition 65 warnings or contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Consent Judgment requires each defendant to pay $25,000, 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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