Englander v. Ames True Temper, Inc.

Posted: 04/26/2013  browse the case archive

In the enforcement action Englander v. Ames True Temper, Inc., the parties executed a Consent Judgment on April 26, 2013, which shall be reviewed by the Santa Clara County Superior Court.  The case resolved citizen enforcer Peter Englander’s allegations that the defendant Ames True Temper, Inc. (“Ames”) sold tools with grips 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, Ames agreed not to sell any tools with grips in California after the Santa Clara Court approves the Consent Judgment, unless the grips contain no more than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), and butyl benzyl phthalate (“BBP”) when analyzed using state or federally approved testing methodologies.  Should Ames provide written certification that by November 15, 2013, all of its tool grips qualify as reformulated and additionally contain no more than 1,000 parts per million of diisodecyl phthalate (“DIDP”) and di(n-octyl) phthalate (“DnOP”), Englander agreed to waive a portion of the civil fine that would otherwise be applied.  Lastly, in lieu of further civil penalties, Ames agreed to make a cy pres payment to the Silent Spring Institute, a not-for-profit organization dedicated to raising public awareness of environmental chemicals and uncovering the links between such chemicals (including DEHP) and reproductive and developmental harm.     

The Consent Judgment requires settlement payments of $147,500, 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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