Englander v. Tenacious Holdings, Inc.

The parties involved in the case Englander v. Tenacious Holdings, Inc. executed a Consent Judgment on April 13, 2016.  In this matter, citizen enforcer Peter Englander alleged that Tenacious Holdings, Inc. (“Tenacious”) sold gloves with vinyl/PVC components 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, Tenacious agreed not to sell any gloves with vinyl/PVC components in California after the San Francisco County Superior Court enters the Judgment, unless the gloves contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Tenacious commits that all gloves with vinyl/PVC components offered for sale in California after April 30, 2017 shall qualify as reformulated products.

The Consent Judgment required settlement payments of $50,000, 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.