Englander v. Ducati North America, Incorporated

On April 14, 2017, citizen enforcer Peter Englander and settling party Ducati North America, Incorporated (“Ducati”) entered into an out-of-court settlement agreement.  Englander had alleged that Ducati sold vinyl/PVC keychains 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, Ducati agreed not to sell any vinyl/PVC keychains in California after April 14, 2017, unless the keychains contain less than 1,000 parts per million of DEHP in each component when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $25,000, 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.