Englander v. Kirklands, Inc.

The parties involved in the case Englander v. Kirkland's, Inc. executed a Consent Judgment on August 29, 2018.  In this matter, citizen enforcer Peter Englander alleged that Kirkland's, Inc, (“Kirkland's”) sold glass canisters with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

 

As part of the agreement, Kirkland's agreed not to sell any glass canisters with exterior designs in California after the Santa Clara County Superior Court approves the Judgment, unless the designs are virtually free of lead when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.

 

The Consent Judgment required settlement payments of up to $29,700, 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.