Brimer v. Alpha Comm Enterprises, Inc.

On June 24, 2016, citizen enforcer Russell Brimer and settling party Alpha Comm Enterprises, Inc. (“Alpha Comm”) entered into an out-of-court settlement agreement.  Brimer had alleged that Alpha Comm sold vinyl/PVC audio cables 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, Alpha Comm agreed not to sell any vinyl/PVC audio cables in California after June 22, 2016, unless the cables contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Should Alpha Comm provide Brimer with written certification by September 15, 2016 that all vinyl/PVC audio cables sold in California qualify as reformulated products under the agreement, Brimer agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $36,250, 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.