Brimer v. Bank-A-Count Corporation

Citizen enforcer Russell Brimer’s allegations against settling party Bank-A-Count Corporation (“Bank-A-Count”) were resolved on April 15, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Bank-A-Count sold vinyl/PVC checkbook covers 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, Bank-A-Count agreed not to sell any checkbook covers in California after April 30, 2013, unless the products contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Additionally, Bank-A-Count agreed to notify its vendors of the reformulation standards by May 5, 2013, and request that they provide checkbook covers that comply expeditiously.  Should Bank-A-Count provide written certification that all checkbooks covers sold in California by July 15, 2013, and into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.    

The Settlement Agreement requires settlement payments of $28,000, 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.