Brimer v. Added Extras LLC

Posted: 03/13/2015  browse the case archive

Citizen enforcer Russell Brimer and settling party Added Extras LLC (“Added Extras”) entered into an out-of-court settlement agreement on March 13, 2015.  Brimer had alleged that Added Extras sold vinyl/PVC toiletry cases 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, Added Extras agreed not to sell any vinyl/PVC toiletry cases in California after March 30, 2015, unless the cases 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.  Should Added Extras certify by December 1, 2015 that all vinyl/PVC toiletry cases offered for sale in California have been reformulated to the above standards, Brimer has agreed to waive a portion of the civil penalty.

The Settlement Agreement requires settlement payments of $38,750, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.  

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