Englander v. Jerry Leigh of California, Inc.

On November 15, 2012, citizen enforcer Peter Englander and settling defendant Jerry Leigh of California, Inc. ("Jerry Leigh"), entered into an out-of-court Settlement Agreement, which resolved Englander's allegations that Jerry Leigh sold earphones 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, Jerry Leigh agreed not to sell any earphones in California after November 15, 2012, unless the earphones contain less than .1% of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Should Jerry Leigh meet these heightened standards by November 15, 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 $56,000, 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.