Englander v. Hans Johnsen Company

In the enforcement action Englander v. Hans Johnsen Company, whistleblower Peter Englander resolved his allegations against the defendant Hans Johnsen Company (“Hans Johnsen”) when the parties executed a Consent Judgment on March 20, 2014.  In this case, Englander alleged that Hans Johnsen sold seat post binders with vinyl/PVC handles 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, Hans Johnsen agreed not to sell any seat post binders with vinyl/PVC handles, bicycle storage hooks with vinyl/PVC hooks, or sprocket removers with vinyl/PVC handles in California after April 14, 2014, unless the products contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Additionally, Hans Johnsen agreed to provide its vendors with the reformulation standards by April 14, 2014, and instruct them to provide products that comply.  Should Hans Johnsen provide written certification by July 1, 2014 that it has met the reformulation standards in advance of the deadlines stipulated in the Consent Judgment, Englander agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $45,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Englander and his counsel for their successful enforcement of this matter in the public interest.