Brimer v A.J. Wholesale Distributors, Inc.

The parties involved in the case Brimer v. A.J. Wholesale Distributors, Inc. executed a Consent Judgment on May 12, 2016.  In this matter, citizen enforcer Russell Brimer alleged that A.J. Wholesale Distributors, Inc. (“A.J. Wholesale”) sold ear muffs with vinyl/PVC components containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and/or the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, A.J. Wholesale agreed not to sell any ear muffs with vinyl/PVC components in California after the San Francisco County Superior Court approves the Judgment, unless the ear muffs contain no more than 1,000 parts per million (“ppm”) of DEHP and/or no more than 90 ppm of lead in any accessible component when analyzed using state or federally approved testing methodologies.

The Consent Judgment required settlement payments of $26,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Brimer and his counsel for their successful enforcement of this matter in the public interest.