Englander v. Big Time Products, LLC

Whistleblower Peter Englander and settling party Big Time Products, LLC (“Big Time”) entered into an out-of-court Settlement Agreement on August 6, 2013, which resolved Englander’s allegations that Big Time sold vinyl/PVC grip clips 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, Big Time agreed not to sell any vinyl/PVC grip clips in California after August 1, 2013, unless the grip clips contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should Big Time provide written certification that by October 1, 2013, and continuing into the future, all grip clips sold in California qualify as reformulated, Englander agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $34,000, 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.