Brimer v. Avery Dennison Corporation

Citizen enforcer Russell Brimer's allegations against settling party Avery Dennison Corporation and subsidiary Avery Denison Office Products Company (collectively "Avery") were resolved on March 1, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Avery sold card holders and binders 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, Avery agreed not to manufacture or import any card holders or binders in California after February 1, 2013, unless the products contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. Should Avery meet the reformulation standards by April 15, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $51,000, 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.