Englander v. Big Roc Tools, Inc.

Whistleblower Peter Englander’s allegations against the defendant Big Roc Tools, Inc. (“Big Roc”) were resolved in the enforcement action Englander v. Big Roc Tools, Inc.  The parties executed a Consent Judgment on May 29, 2013, which decided Englander’s assertions that Big Roc sold rachet tie-down hand grips containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Big Roc agreed not to sell the specific rachet tie-down hand grips identified in the Consent Judgment in California after the Santa Clara County Superior Court approves the Consent Judgment, unless the hand grips contain no more than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies.  Should Big Roc provide written certification that the hand grips are reformulated by December 15, 2013, Englander agreed to credit a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $31,500, 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.