Englander v. F&M Plastics, Inc.

The Consent Judgment between citizen enforcer Peter Englander and defendant F&M Plastics, Inc. (“F&M”) was executed September 12, 2013.  This agreement resolved Englander’s allegations that F&M sold hand tool grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, F&M agreed not to sell any tools in California after September 30, 2013, unless the tools contain no more than 1,000 parts per million of DEHP and less than 100 parts per million of lead when analyzed using state or federally approved testing methodologies.  Should F&M provide written certification that all tools have been reformulated by January 15, 2014, and continuing to the future, Englander agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $102,750, 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.