California Proposition 65 — phthalates in children's travel goods settlement filed
In October, plaintiff attorney Anthony Held, Ph.D., P.E. reached a settlement with a defendant resolving allegations that the defendant sold "children's fashion accessories and bags containing children's apparel" in the State of California containing the phthalate DEHP in violation of California Proposition 65. The settlement mandates that the defendant not sell any products in the State of California unless the products are "DEHP free" (defined as containing concentrations less than 0.1%, which is equal to 1,000ppm (parts per million)). The defendant also agreed to pay $1,000 in civil penalties and $4,000 for Dr. Held's legal fees. Approval of the settlement is still pending. The settlement is the first announced settlement in over two dozen pending Prop 65 cases alleging the sale of travel goods and other fashion products in the State of California containing DEHP. Proposition 65 is a California law that requires "warning labels" on ALL products (not just children's products) sold in California that contain lead, phthalates, cadmium and any one of 850 other chemicals that the State of California believes could cause cancer or reproductive toxicity. Prop 65 allows "citizen enforcers" to enforce the law. NGOs, other groups and even private California citizens can sue in California courts and collect part of the fines. For more information on Prop 65, please go to the Prop 65 page on the TGA website or contact TGA's Nate Herman at 703-797-9062.