Brimer v. Atlantic Representations, Inc.

Citizen enforcer Russell Brimer’s allegations against defendant Atlantic Representations, Inc. (Atlantic Representations”) were resolved on December 31, 2013, when the parties executed a Consent Judgment.  In this matter, Brimer alleged that Atlantic Representations sold upholstered ottomans with foam padding containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and vinyl/PVC media cases 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, Atlantic Representations agreed not to sell any ottomans or vinyl/PVC media cases in California after March 31, 2014, unless the ottomans contain no detectable amount of TDCPP and tris(2-chloroethyl) phosphate (“TCEP”) and the media cases contain no more than 1,000 parts per million of DEHP, DBP, and BBP when analyzed using state or federally approved testing methodologies. Additionally, Atlantic Representations agreed to provide its vendors with the reformulation standards by January 15, 2014, and instruct them to provide products that comply expeditiously.  Products currently existing in Atlantic Representations’ inventory must be sold with Proposition 65 warnings provided.  Should Atlantic Representations provide written certification that all ottomans and media cases sold in California after December 31, 2013 qualify as reformulated, Brimer agreed to waive a portion of the civil fine.  Additionally, Brimer provided a credit for extending the breadth of reformulation, among other credits available, if Atlantic Representations should provide written certification that all products sold in California after March 31, 2014, contain no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TCEP and TDCPP requirements.

The Consent Judgment requires settlement payments of $113,000, 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.