Englander v. Madison Industries, Inc.

Posted: 01/30/2013  browse the case archive

Citizen enforcer Peter Englander's allegations against settling party Madison Industries, Inc. ("Madison") were resolved on January 30, 2013, when the two parties entered into a Settlement Agreement. Englander alleged that Madison sold mattress covers and flooring 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, Madison agreed not to sell any mattress covers or flooring in California after February 1, 2013, unless the covers and flooring contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Should Madison comply with these heightened standards by June 1, 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 $33,000, 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.

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