Englander v. Bed Bath & Beyond, Inc.

Posted: 10/23/2018  browse the case archive
The parties involved in the case Englander v. Bed Bath & Beyond, Inc. executed a Consent Judgment on October 23, 2018.  In this matter, citizen enforcer Peter Englander alleged that Bed Bath & Beyond, Inc. (“Bed Bath & Beyond”) sold vinyl/PVC inflatables 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 agreement, Bed Bath & Beyond agreed not to sell any vinyl/PVC inflatables in California after the San Francisco County Superior Court approves the Judgment, unless the inflatables contain less than 1,000 parts of million of DEHP when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided. 
The Consent Judgment required settlement payments of up to $35,500, 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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