Englander v. Fluker's Cricket Farm, Inc.

Posted: 11/21/2012  browse the case archive

On November 21, 2012, citizen enforcer Peter Englander and settling defendant Fluker's Cricket Farm, Inc. ("Fluker's"), entered into an out-of-court Settlement Agreement, which resolved Englander's allegations that Fluker's sold clamp lamps with vinyl components containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Fluker's agreed not to sell any clamp lamps in California after November 30, 2012, unless the lamps qualify as reformulated when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Fluker's eliminate the need for Proposition 65 warnings on the lamps by November 1, 2013, Englander agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $38,000, 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.

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