Englander v. Wal-Mart Stores, Inc., et al.

The parties involved in the case Englander v. Wal-Mart Stores, Inc., et al. executed a Consent Judgment on July 22, 2019.  In this matter, citizen enforcer Peter Englander alleged that Walmart Inc. (“Walmart”) and Sam's West, Inc. (“Sam's”) sold cases with vinyl/PVC coverings or other 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, Wamart and Sam's agreed not to sell any cases with vinyl/PVC coverings or other components in California after the Alameda County Superior Court approves the Judgment, unless the products contain less than 1,000 parts of 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 $18,600, 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.