Englander v. DAP, Inc.

The Consent Judgment that was executed on August 16, 2013, resolved whistleblower Peter Englander’s allegations against the Chinese manufacturer DAP, Incorporated (“DAP”).  In the enforcement action Englander v. Target Corporation; et al., Englander’s assertions that DAP sold tape measures with vinyl components and tools with vinyl grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings were resolved. 

As part of the settlement, DAP agreed not to sell any tape measures with vinyl components or tools with vinyl grips in California after November 15, 2013, unless the tape measures and tools contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should DAP provide written certification that all tape measures and tools qualify as reformulated by October 15, 2013, Englander agreed to credit a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $74,500, 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.