Englander v. Hallmart Collectibles, Inc.

Posted: 10/26/2012  browse the case archive

On October 26, 2012, citizen enforcer Peter Englander and settling defendant Hallmart Collectibles, Inc. ("Hallmart"), entered into an out-of-court Settlement Agreement, which resolved Englander's allegations that Hallmart sold pillows 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, Hallmart agreed not to sell any pillows in California after October 25, 2012, unless the pillows contain no more than 1,000 parts per million of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Should Hallmart comply with these heightened standards by October 25, 2012 and continuing on into the future, Englander agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $30,500, 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.

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