Held v. Rhode Island Novelty, Inc.

Posted: 02/13/2009  browse the case archive

On February 13, 2009, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Rhode Island Novelty, Inc.  (“RI Novelty”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that RI Novelty sold vinyl rubber ducks and inflatable vinyl toys 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, RI Novelty agreed not to manufacture any vinyl rubber ducks or inflatable vinyl toys in California after February 13, 2009, unless the ducks and toys contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 health hazard warnings provided.

The Settlement Agreement requires settlement payments of $22,500, 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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