Englander v. Master Magnetics, Inc.

Whistleblower Peter Englander and settling party Master Magnetics, Inc. (“Master Magnetics”) entered into an out-of-court Settlement Agreement on April 25, 2013, which resolved Englander’s allegations that Master Magnetics sold hand tools with grips 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, Master Magnetics agreed not to sell any hand tools with grips in California after June 1, 2013, unless the hand tools contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Hand tools obtained before June 1, 2013, may be sold with Proposition 65 warnings provided until December 31, 2013, at which point all hand tools shall be reformulated.  Additionally, Master Magnets agreed to send the reformulation standards to its vendors and instruct them to provide hand tools that comply expeditiously.  Should Master Magnetics provide written certification that by June 1, 2013, and continuing into the future, all new hand tools sold in California qualify as reformulated, Englander agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $38,000, 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.