Englander v. KAI, USA, Ltd.

Posted: 01/22/2013  browse the case archive

Whistleblower Peter Englander and settling defendant KAI, USA, Ltd. ("Kai") entered into a Settlement Agreement on January 22, 2013, which resolved Englander's allegations that Kai sold knife cases 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, Kai agreed not to sell any knife cases in California after January 8, 2013, unless the knife cases contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Should Kai comply with these heightened standards by April 8, 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 $30,000, 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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