Brimer v. Belcam Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Belcam Inc. (“Belcam”) were resolved on August 6, 2013, when the parties entered into an out-of-court Settlement Agreement. In this matter, Brimer alleged that Belcam sold eyelash curlers with grips containing the heavy metal lead and/or the phthalate chemicals butyl benzyl phthalate (“BBP”), di-n-butyl phthalate (“DBP”), and di(2-ethylhexyl)phthalate (“DEHP”) and tweezers containing BBP, DBP, and DEHP in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Belcam agreed not to sell any eyelash curlers or tweezers in California after July 26, 2013, unless the products contain no more than 1,000 parts per million of DEHP, DBP, and BBP and no more than 90 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies.  Should Belcam provide written certification that all eyelash curlers and tweezers sold in California by January 15, 2014, 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 $46,500, 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.