Englander v. Southern Marketing Affiliates, Inc.

On March 19, 2019, citizen enforcer Peter Englander and settling party Southern Marketing Affiliates, Inc. (“SMA”) entered into an out-of-court settlement agreement. Englander had alleged that SMA sold fuel pump nozzles with vinyl covers 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, SMA agreed not to sell any fuel pump nozzles with vinyl covers in California after July 31, 2019, unless the nozzles contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

 

The Settlement Agreement requires settlement payments of $10,500, 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.