Englander v. C&T Publishing, Inc.

On February 9, 2016, citizen enforcer Peter Englander and settling party C&T Publishing, Inc.  (“C&T”) entered into an out-of-court settlement agreement.  Englander had alleged that C&T sold bags with vinyl/PVC components 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, C&T agreed not to sell any bags with vinyl/PVC components in California after February 9, 2016, unless the bags contain less than 1,000 parts per million of DEHP, butyl benzyl phthalate (“BBP”), di-n-butyl phthalate (“DBP”), diisodecyl phthalate (“DIDP”), diisononyl phthalate (“DINP”), and di-n-hexyl phthalate (“DnHP”) in each accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  C&T has also agreed to notify its vendors of the above reformulation requirements and instruct them to supply products that comply expeditiously.

The Settlement Agreement requires settlement payments of $21,000, 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.