Held v. Tender Corporation and d/b/a Adventure Medical Kits

On October 29, 2012, citizen enforcer Anthony Held, Ph.D., P.E. and settling defendant Tender Corporation, both in its own right and d/b/a Adventure Medical Kits ("Tender"), entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Tender sold first aid 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, Tender agreed to only manufacture first aid kits in California after November 1, 2012, that comply with the reformulation standards set forth in Section 2.1 of the Settlement Agreement. Tender also agreed to place Proposition 65 warnings on the first aid cases it did not reformulate. Due to Tender's commitment to comply by these heightened standards, Held agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $28,750, 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.