Englander v. Nu World Corporation

On March 15, 2016, citizen enforcer Peter Englander and settling party Nu World Corporation (“NuWorld”) entered into an out-of-court settlement agreement.  Englander had alleged that NuWorld sold eye shadow compacts with vinyl/PVC components 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, NuWorld agreed not to sell any eye shadow compacts with vinyl/PVC components in California after March 15, 2016, unless the compacts contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  NuWorld also agreed to provide its vendors with the reformulation standard above and instruct them to provide compliant products expeditiously.  Should NuWorld provide Englander with written certification by March 31, 2016 that all eye shadow compacts with vinyl/PVC components sold in California qualify as reformulated products under the agreement, Englander agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $45,000, 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.