Englander v. Ingersoll-Rand Company

Posted: 07/29/2013  browse the case archive

The Consent Judgment that was executed on July 29, 2013 resolved whistleblower Peter Englander’s allegations against the defendant Ingersoll-Rand Company (“Ingersoll-Rand”).  The enforcement action Englander v. Ingersoll-Rand Company resolved Englander’s assertions that Ingersoll-Rand sold vinyl coated steel cables 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, Ingersoll-Rand agreed not to sell any vinyl coated steel cables in California after May 1, 2013, unless the cables contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  For a brief interim period, Ingersoll-Rand may sell steel cables with Proposition 65 warnings provided, after which point all cables must comply with reformulation standards.  Should Ingersoll-Rand provide written certification that all steel cables qualify as reformulated by April 15, 2014, Englander agreed to credit a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $46,000, 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.

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