Englander v. Thermwell Products Co., Inc.

The Consent Judgment between citizen enforcer Peter Englander and defendant Thermwell Products Co., Inc. (“Thermwell”) was executed October 18, 2013.  This agreement resolved Englander’s allegations that Thermwell sold vinyl/PVC sheeting 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, Thermwell agreed not to sell any vinyl/PVC sheeting in California after September 15, 2013, unless the sheeting contains less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided.  Additionally, Thermwell agreed to provide its vendors with the reformulation standards by September 15, 2013, and instruct them to provide sheeting that complies with the reformulation standards expeditiously.  Should Thermwell provide written certification that it has satisfied the reformulation requirements of Section 3.2 by December 15, 2014, Englander agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $60,000, 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.