Brimer v. Allstar Marketing Group, LLC

On July 13, 2016, citizen enforcer Russell Brimer and settling party Allstar Marketing Group, LLC (“Allstar”) entered into an out-of-court settlement agreement.  Brimer had alleged that Allstar sold vinyl/PVC car phone mount suction cups containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Allstar agreed not to sell any vinyl/PVC car phone mount suction cups in California after July 15, 2016, unless the suction cups contain less than 1,000 parts per million (“ppm”) of DEHP and less than 90 ppm of lead when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $37,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.