Held v. UPD, Inc., et al.

Posted: 07/02/2009  browse the case archive

On July 2, 2009, the Sacramento County Superior Court entered a Consent Judgment in Held v. UPD, Inc.; et al., which resolved citizen enforcer Anthony E. Held, Ph.D, P.E.'s allegations that the defendant UPD, Inc. ("UPD") sold backpacks 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, UPD agreed not to sell any backpacks in California after Jan 1, 2010, unless the backpacks contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. From April 30, 2009, to Jan 1, 2010, UPD shall provide Proposition 65 health hazard warnings for the backpacks that do not meet reformulation standards.

The Consent Judgment requires settlement payments of $45,000, 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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