Brimer v. Consortium Books Sales & Distribution, L.L.C.

Posted: 03/09/2013  browse the case archive

The parties executed an out-of-court Settlement Agreement on March 9, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the settling party Consortium Books Sales & Distribution, L.L.C. (“Consortium”) sold books with vinyl/PVC covers that contain 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, Consortium agreed not to sell the specific book with vinyl/PVC covers identified in the Settlement Agreement in California after March 1, 2013, unless the book has Proposition 65 warnings provided or complies with reformulation standards when analyzed using state or federally approved testing methodologies.   Should Consortium comply with these heightened standards and eliminate the need for Proposition 65 warnings by December 31, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.    

The Settlement Agreement requires settlement payments of $34,500, 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.

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