Held v. Vogue Industries Limited Partnership, et al.

On August 27, 2015, citizen enforcer Anthony E. Held, Ph.D, P.E. and settling parties Vogue Industries Limited Partnership and Safety Flag Co. of America, A Division of Vogue Industries (collectively, “Vogue”) entered into an out-of-court settlement agreement.  Held had alleged that Vogue sold safety vests with vinyl/PVC components 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, Vogue agreed not to sell any safety vests with vinyl/PVC components in California after August 27, 2015, unless the vests contain less than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), butyl benzyl phthalate (“BBP”), and diisononyl phthalate (“DINP”) when analyzed using state or federally approved testing methodologies.  Vests that do not meet the above requirements shall be sold with Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $40,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Held and his counsel for their successful enforcement of this matter in the public interest.