Englander v. Rolf C. Hagen (USA) Corp.

The Settlement Agreement between citizen enforcer Peter Englander and settling party Rolf C. Hagen (USA) Corp. (“Hagen”) was executed on October 17, 2013.  This out-of-court agreement resolved Englander’s allegations that Hagen sold clamp lamps and nail trimmers 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, Hagen agreed not to sell any clamp lamps or nail trimmers in California after November 1, 2013, unless the products 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.  Should Hagen provide written certification that the products have been reformulated and that the need for Proposition 65 warnings has been eliminated by December 1, 2013, and continuing to the future, Englander agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $34,500, 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.