Held v. Tuesday Morning Corporation

Posted: 09/09/2009  browse the case archive

On September 9, 2009, the Sacramento County Superior Court entered a Consent Judgment in Held v. Tuesday Morning Corporation, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant Tuesday Morning Corporation ("Tuesday Morning") sold sporting toys/children's items and bibs 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, Tuesday Morning agreed not to sell any sporting toys/children's items and bibs in California after June 30, 2009, unless the toys and bibs contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methods or are sold and/or shipped with Proposition 65 health hazard warnings. The settlement sum does not include fees incurred seeking judicial approval of the Consent Judgment.

The Consent Judgment requires settlement payments of $46,000, to be 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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