Held v. Poof-Slinky, Inc.

Posted: 04/30/2009  browse the case archive

On April 30, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E., and settling defendant Poof-Slinky, Inc. ("Poof-Slinky") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Poof-Slinky sold children's vinyl bags containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and children's toys with plastic/vinyl components containing DEHP and the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Poof-Slinky agreed not to sell any children's vinyl bags or children's toys with vinyl components in California after April 30, 2009, unless the vinyl bags and toys contain less than 1,000 parts per million of DEHP and less than 300 parts per million of lead when analyzed using state or federally approved testing methodologies. Additionally, Poof-Slinky notified its vendors to return any vinyl bags or children's toys that do not comply with reformulation standards.

The Settlement Agreement requires settlement payments of $37,000, 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.

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