Brimer v. Adrianna Papell, L.L.C.

Posted: 06/30/2011  browse the case archive

On June 30, 2011, citizen enforcer Russell Brimer and settling defendant Adrianna Papell, L.L.C. ("Adrianna"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Adrianna sold belts containing the heavy metal lead and phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the health hazard warnings required by Proposition 65.

As part of the settlement, Adrianna agreed not to sell any belts in California after June 30, 2011, unless the belts qualify as reformulated pursuant to the reformulation standard set forth in Section 2.1 of the Agreement. Due to Adrianna's commitment to comply by these heightened standards, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $35,000, 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.

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