Englander v. AlphaGary Corporation

The parties involved in the case Englander v. AlphaGary, Inc. executed a Consent Judgment on September 1, 2015.  In this matter, citizen enforcer Peter Englander alleged that AlphaGary Corporation (“AlphaGary”) sold black PVC material containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”), which is in turn used to make a variety of consumer goods, in the State of California without providing the requisite health hazard warnings.  

As of January 1, 2015, all black PVC material manufactured, imported, shipped, distributed, sold, and/or offered for sale by AlphaGary shall be accompanied by Proposition 65 warnings in accordance with section 2.2 of the Judgment.

The Consent Judgment required settlement payments of $44,000, 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.