Englander v. Kikkerland Design, Inc.

On November 3, 2017, citizen enforcer Peter Englander and settling party Kikkerland Design, Inc. (“Kikkerland”) entered into an out-of-court settlement agreement. Englander had alleged that Kikkerland sold vinyl/PVC bicycle reflectors 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, Kikkerland agreed not to sell any vinyl/PVC bicycle reflectors in California after November 2, 2017, unless the bicycle reflectors contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $22,500, 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.