Englander v. Control Group Companies, LLC

On April 6, 2018, citizen enforcer Peter Englander and settling party Control Group Companies, LLC (“Control Group”) entered into an out-of-court settlement agreement. Englander had alleged that Control Group sold vinyl/PVC zipper bags 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, Control Group agreed not to sell any vinyl/PVC zipper bags in California after March 21, 2018, unless the zipper bags contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $23,000, 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.