Brimer v. Cyber Acoustics, L.L.C.

On October 4, 2012, citizen enforcer Russell Brimer and settling defendant Cyber Acoustics, L.L.C. ("Cyber") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Cyber sold audio headsets with vinyl/PVC cords 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, Cyber agreed not to sell any audio headsets with vinyl/PVC cords in California after October 12, 2012, unless the headsets contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. Due to Cyber's prompt commitment to comply with these heightened standards, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $40,000, 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.