Englander v. Smith Ventures, LTD.

Posted: 03/19/2018  browse the case archive

The parties involved in the case Englander v. Smith Ventures, Ltd., et al. executed a Consent Judgment on March 19, 2018.  In this matter, citizen enforcer Peter Englander alleged that Smith Ventures, Ltd. (“Smith Ventures”) sold vinyl/PVC exercise balls 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, Smith Ventures agreed not to sell any vinyl/PVC exercise balls in California after the San Francisco County Superior Court approves the Judgment, unless the balls contain no more than 100 parts per million of DEHP when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.

The Consent Judgment required settlement payments of up to $18,000, 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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