Englander v. Hopkins Manufacturing Corporation and Carrand Companies, Inc.

Whistleblower Peter Englander resolved his allegations against the defendants Hopkins Manufacturing Corporation and Carrand Companies, Inc. (collectively “Hopkins”) in the case Englander v. Hopkins Manufacturing Corporation; Carrand Companies, Inc. when the parties executed a Consent Judgment on March 12, 2013.  In this enforcement action, Englander alleged that Hopkins sold hand tools with grips that contain 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, Hopkins agreed not to sell any hand tools with grips in the United States after April 1, 2013, unless the hand tool grips comply with the reformulation standards when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Additionally, Hopkins agreed to notify its vendors of the reformulation standards by March 22, 2013, and instruct the vendors to provide tools that comply with the standards expeditiously.  Should Hopkins and Carrand provide written certification that by April 1, 2013, and continuing into the future, all newly obtained Noticed products qualify as reformulated, Englander agreed to waive a portion of the civil fine that would otherwise be applied.  Should Englander discover evidence that the tools were distributed in sales volumes materially different than those previously reported, Hopkins is liable for an additional civil penalty.

The Consent Judgment requires a total settlement payment of $69,000, 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.