Held v. Sunless Incorporated and Mystic Tan, Inc.

Posted: 09/19/2011  browse the case archive

On September 19, 2011, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendants Sunless Incorporated and Mystic Tan, Inc. ("Sunless and Mystic") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Sunless and Mystic sold cosmetic cases 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, Sunless and Mystic agreed not to sell any cosmetic cases in California after September 30, 2011, unless the cosmetic cases contain less than 0.1 percent (1,000 parts per million) of DEHP when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $15,000, 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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