Held v. Supervalu International dba Supervalu Holdings, Inc. and WinCo Foods, LLC, et al.

On November 14, 2008, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendants Supervalu International dba Supervalu Holdings, Inc. (collectively “Supervalu”) and WinCo Foods, LLC (“WinCo”) entered into an out-of-court Settlement Agreement, which resolved Held’s allegations that Supervalu and WinCo sold vinyl bathroom toys and children’s items 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, Supervalu and WinCo agreed not to sell any vinyl bathroom toys or children’s items in California after December 1, 2008, unless the bathroom toys and children’s items contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $28,000, 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.