Brimer v. Alvin & Company, Inc.

On July 15, 2010, citizen enforcer Russell Brimer and settling defendant Alvin & Company, Inc. ("Alvin") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Alvin sold flexible curve drawing products and vinyl cutting mats, erasers, measuring tapes, vinyl or vinyl trimmed pencil pouches, and boardcover vinyl rolls containing the heavy metal lead and the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP"), butyl benzyl phthalate ("BBP"), and di-n-butyl phthalate ("DBP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Alvin agreed not to distribute or sell any flexible curve drawing products and vinyl cutting mats, erasers, measuring tapes, vinyl or vinyl trimmed pencil pouches, or boardcover vinyl rolls in California after July 15, 2010, unless the products contain less than 300 parts per million of lead and less than 1,000 parts per million of DEHP, DBP, and BBP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. As of August 31, 2011, the products must contain less than 100 parts per million of lead when analyzed by the same testing methodologies. Should Alvin eliminate the need for Proposition 65 warnings on the products by May 1, 2011, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $30,500, 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.