Brimer v. Argento SC by Sicura Inc.

Settling party Argento SC by Sicura Inc. (“Argento”) and citizen enforcer Russell Brimer entered into an out-of-court Settlement Agreement on April 30, 2013, resolving Brimer’s allegations that Argento sold headphones with vinyl/PVC components 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, Argento agreed not to sell any headphones in California after May 15, 2013, unless the headphones contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  For a brief interim period, headphones obtained before May 15, 2013, may be sold with Proposition 65 warnings provided; after July 1, 2013, all headphones must comply with reformulation standards.  Additionally, Argento agreed to provide its suppliers with the reformulation standards and instruct them to produce headphones that comply expeditiously. Should Argento provide written certification that all new headphones sold in California after May 15, 2013, and continuing into the future, are reformulated, Brimer agreed to waive 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.