Facts

Anthony E. Held sued Nathan Sports Inc. relating to its sale of hydration bladders and fitness vests.

PLAINTIFFS' CONTENTIONS:
Held contended that Nathan Sports Inc. violated Proposition 65 when it failed to warn its customers in California that its hydration bladders, used for hands-free drinking, containing vinyl/PVC tubing exposed users to diisononyl phthalate (DINP) and its fitness vests with vinyl/PVC components exposed users to di(2-ethylhexyl)phthalate (DEHP).

DEFENDANT'S CONTENTIONS:
Nathan Sports denied Held's allegations and contended that its products were in compliance with the law.

Result

Pursuant to the Consent Judgment entered into between the parties, Nathan Sports agreed to reformulate the products to contain a maximum DINP and DEHP concentrations of 0.1 percent (1,000 parts per million) and to notify its vendors of the reformulation standard. It will also pay $15,000 in civil penalties, with 75 percent going to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent going to Held. Nathan Sports will also reimburse Held for his attorney fees and costs in the amount of $51,000.

Other Information

FILING DATE: Aug. 29, 2014.