Englander v. LeeMarc Industries, LLC
On March 31, 2017, citizen enforcer Peter Englander and settling party LeeMarc Industries, Inc. (“LeeMarc”) entered into an out-of-court settlement agreement. Englander had alleged that LeeMarc 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 settlement, LeeMarc agreed not to sell any gloves with vinyl/PVC components in California after March 31, 2017, unless the gloves contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.
The Settlement Agreement requires settlement payments of $22,000, 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.