Englander v. Acme United Corporation

Posted: 12/05/2012  browse the case archive

On December 5, 2012, citizen enforcer Peter Englander and settling defendant Acme United Corporation ("Acme") entered into an out-of-court Settlement Agreement, which resolved Englander's allegations that Acme sold adhesive plastic bandages 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, Acme agreed not to sell any plastic bandages in California after October 31, 2012, unless the bandages contain less than 1,000 parts per million of DEHP when analyzed using state and federally approved testing methodologies. Should Acme comply with these heightened standards through December 31, 2012, and continuing on into the future, Englander agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $35,000, 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.

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