Englander v. Black Point Products, Inc., Steren Electronics International, Inc.

On January 15, 2013, the parties executed a Consent Judgment in Englander v. Black Point Products, Inc., et al., which resolved citizen enforcer Peter Englander’s allegations that the defendants Black Point Products, Inc. (“Black Point”) and Steren Electronics International, LLC (“Steren”) sold hand tool 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, Black Point and Steren agreed not to sell any hand tool grips in California after January 15, 2013, unless the grips contain less than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Black Point and Steren eliminate the need for Proposition 65 warnings for the hand tool grips, Englander agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $50,000, 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.