Englander v. OPW Fueling Components Inc.

The parties involved in the case Englander v. OPW Fueling Components Inc. executed a Consent Judgment on May 24, 2016.  In this matter, citizen enforcer Peter Englander alleged that OPW Fueling Components Inc. (“OPW”) sold vinyl/PVC fuel pump nozzle 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 agreement, OPW agreed not to sell any vinyl/PVC fuel pump nozzle grips in California after December 1, 2016, unless the grips contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Should OPW provide Englander with certification by October 1, 2016 that all vinyl/PVC fuel pump nozzle grips sold in California qualify as reformulated by the above standards, Englander has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of $56,000, 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.