Englander v. Penn-Plax, Inc.

Posted: 12/10/2012  browse the case archive

Whistleblower Peter Englander and settling defendant Penn-Plax, Inc. ("Penn-Plax") entered into an out-of-court Settlement Agreement on December 10, 2012, which resolved Englander's allegations that Penn-Plax sold hand tool 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, Penn-Plax agreed not to sell any hand tool grips in California after December 1, 2012, unless the hand tool grips contain no more than 1,000 parts per million of DEHP when analyzed using state and federally approved testing methodologies. Should Penn-Plax comply with these heightened standards by November 1, 2012, Englander agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $31,000, 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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