Englander v. Accoutrements LLC

On November 15, 2012, the Santa Clara County Superior Court entered a Consent Judgment in Englander v. Accoutrements LLC, which resolved citizen enforcer Peter Englander's allegations that the defendant, Accoutrements LLC ("Accoutrements"), sold placemats, toiletry cases/bags, shower curtains, and bandages containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and glassware with exterior decorations containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. Additionally, Englander alleged that Accoutrements sold additional products such as bags, purses/wallets, automobile accessories, bathroom accessories, bath/kitchen floor and door/welcome mats, ear plugs, buds, and related accessories, plastic figures, small novelties, and stationary-related items, jewelry, temporary tattoos, charms, watches, and clocks in California without providing the requisite health hazard warnings.

As part of the settlement, Accoutrements agreed not to sell any of the covered products in California after February 28, 2013, unless the products are "Phthalate Free" and "Lead Free" pursuant to Section 2(A) of the Consent Judgment.  Additionally, Accoutrements agreed to allot a portion of the civil fine to the Silent Spring Institute, a not-for-profit institution dedicated to uncovering the links between environmental chemicals (including lead and DEHP) and reproductive and developmental harm.

The Consent Judgment requires settlement payments of $200,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Englander and his counsel for their successful enforcement of this matter in the public interest.