Englander v. Indiana Mills & Manufacturing, Inc.

Citizen enforcer Peter Englander and settling defendant Indiana Mills & Manufacturing, Inc. ("Indiana Mills") entered into a Settlement Agreement on January 14, 2013, which resolved Englander's allegations that Indiana Mills sold ratchet tie downs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Indiana Mills agreed not to sell any ratchet tie downs in California after February 1, 2013, unless the tie downs contain less than 100 parts per million of lead in any grip or handle component when analyzed using state or federally approved testing methodologies. Should Indiana Mills comply with these heightened standards by October 1, 2013, and continuing 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 $28,500, 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 interest.