Englander v. Foldcraft Co.

Posted: 09/05/2013  browse the case archive

The Settlement Agreement between citizen enforcer Peter Englander and settling party Foldcraft Co. (“Foldcraft”) was executed September 5, 2013.  This agreement resolved Englander’s allegations that Foldcraft sold chairs with vinyl/PVC seats 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, Foldcraft agreed not to sell any chairs in California after October 1, 2013, unless the chairs contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Foldcraft provide written certification that all chairs have been reformulated by January 1, 2014, and continuing to the future, Englander agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $31,250, 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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