Englander v. PetSmart, Inc. and LittleGifts, Inc.

In the enforcement action Englander v. PetSmart Inc., et al. whistleblower Peter Englander resolved his allegations against the defendants PetSmart, Inc. (“PetSmart”) and LittleGifts, Inc. (“LittleGifts”) when the parties executed a Consent Judgment on January 15, 2014.  In this case, Englander alleged that PetSmart and LittleGifts sold hand tool grips and vinyl/PVC key covers 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, PetSmart agreed not to sell any hand tool grips in California after January 31, 2014, unless the grips contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  LittleGifts agreed not to sell any key covers in California after the Alameda County Superior Court approves the Consent Judgment, unless the key covers contain no more than 1,000 parts per million of DEHP when analyzed using the same testing methods.  Should PetSmart and LittleGifts provide written certification by specified dates that they have met the reformulation standards in advance of the deadlines stipulated in the Consent Judgment, Englander agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $100,000, 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.