Englander v. Beniko, Inc.

On May 10, 2019, citizen enforcer Peter Englander and settling party Beniko, Inc. (“Beniko”) entered into an out-of-court settlement agreement. Englander had alleged that Beniko sold backpacks with vinyl/PVC components containing di(2-ethylhexyl)phthalate (“DEHP”)in the State of California without providing the requisite health hazard warnings. 

 

As part of the settlement, Beniko agreed not to sell any backpacks with vinyl/PVC components in California after May 10, 2019, unless the backpacks contain less than 1,000 parts per million of DEHP in each accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Beniko provide Englander with written certification by May 1, 2020 that all products offered for sale in California meet the aforementioned reformulation requirements, Englander has agreed to waive a portion of the civil penalty that would otherwise be applied.

 

The Settlement Agreement requires settlement payments of up to $43,800, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Englander and his counsel for their successful enforcement of this matter in the public interest.