Englander v. Corinthian, Inc.

In the enforcement action Englander v. Corinthian, Inc. et al., citizen enforcer Peter Englander’s allegations against defendant Corinthian, Inc. (“Corinthian”) were resolved on April 30, 2014, when the parties executed a Consent Judgment.  In this matter, Englander alleged that Corinthian sold products with foam components containing tris(1,3-dichloro-2-propyl)phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Corinthian agreed not to sell any products with foam components in California after the Alameda County Superior Court approves the Consent Judgment, unless the products contain no more than 25 parts per million (“ppm”) TDCPP or tris(2-chloroethyl)phosphate (“TCEP”) when analyzed using state or federally approved testing methodologies, or unless the products are sold with a clear and reasonable warning.  Should Corinthian provide written certification that all of its products with foam components sold in California after August 1, 2014 qualify as reformulated, Englander agreed to waive a portion of the civil fine.  In addition, another portion of the civil penalty shall be waived if, as of August 15, 2014, Corinthian agrees to only manufacture, import, sell, or distribute in California products that also do not contain tris(2,3-dibromopropyl)phosphate (“TDBPP”) in excess of 25 ppm.

The Consent Judgment requires settlement payments of $86,000, 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.