Held v. Radians, Inc.

On February 23, 2015, citizen enforcer Anthony E. Held, Ph.D, P.E. and settling party Radians, Inc. (“Radians”) executed an out-of-court Settlement Agreement. Held alleged that Radians sold vinyl/PVC earplug cords and hearing protection with vinyl/PVC ear cushions 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, Radians agreed not to sell any vinyl/PVC earplug cords or hearing protection with vinyl/PVC ear cushions in California after March 30, 2015, unless the products contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies, or have Proposition 65 warnings provided.  Should Radians provide written certification by December 1, 2015, that all vinyl/PVC ear cords and hearing protection with vinyl/PVC ear cushions qualify as reformulated, Held agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $55,000, 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.