Englander v. Brentwood Originals, Inc.

Posted: 05/02/2013  browse the case archive

Whistleblower Peter Englander and settling party Brentwood Originals, Inc. (“Brentwood”) entered into an out-of-court Settlement Agreement on May 2, 2013, which resolved Englander’s allegations that Brentwood sold vinyl/PVC pillows 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, Brentwood agreed not to sell any pillows in California after April 30, 2013, unless the pillows contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should Brentwood provide written certification that by April 30, 2013, and continuing into the future, all pillows 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 $30,000, 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.

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