Held v. Picked Fresh, LLC

On September 7, 2011, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Picked Fresh, LLP ("Picked Fresh"), entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Picked Fresh sold jackets 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, Picked Fresh agreed not to sell any jackets in California after August 10, 2011, unless the jackets contain less than .1% of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Due to Picked Fresh's commitment to comply by these heightened standards, Held agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $21,000, 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.