Held v. Pentel of America, Ltd., et al.

Posted: 01/27/2012  browse the case archive

On January 27, 2012, the Marin County Superior Court entered a Consent Judgment in Held v. Pentel of America, Ltd., et al., which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that Pentel of America, Ltd. ("Pentel") sold vinyl bags for art supplies 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, Pentel agreed not to sell any vinyl bags for art supplies in California after June 8, 2011, unless the bags contain less than .1% of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Due to Pentel's commitment to comply by these heightened standards, Held agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $42,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Brimer and his counsel for their successful enforcement of this matter in the public interest.

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