Englander v. Emco Wheaton Retail Corporation

Posted: 10/17/2016  browse the case archive

The parties involved in the case Englander v. Emco Wheaton Retail Corporation executed a Consent Judgment on October 17, 2016.  In this matter, citizen enforcer Peter Englander alleged that Emco Wheaton Retail Corporation (“Emco Wheaton”) sold fuel pump nozzles with vinyl/PVC covers 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 agreement, Emco Wheaton agreed not to sell any fuel pump nozzles with vinyl/PVC covers in California after the Santa Clara County Superior Court approves the Judgment, unless the covers contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Consent Judgment required settlement payments of up to $40,011, 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.   

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