Englander v. Boston America Corp.

In the enforcement action Englander v. Boston American Corp., the parties executed a Consent Judgment on April 24, 2013.  The case resolved citizen enforcer Peter Englander’s allegations that the defendant Boston America Corp. (“Boston”) sold child-oriented adhesive bandages, such as Hello Kitty bandages,  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, Boston agreed not to sell any adhesive bandages in California after April 30, 2013, unless the bandages contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Boston also agreed to maintain records of any compliance testing that it engages in after April 30, 2013.  Any bandages existing in inventory prior to April 30, 2013, may be sold with Proposition 65 warnings provided.  Should Boston provide written certification that all bandages are reformulated by April 30, 2013, Englander agreed to credit a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $46,000, 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.