Brimer v. Cygnett USA Inc., et al.

On December 26, 2012, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Cygnett USA Inc., et al., which resolved citizen enforcer Russell Brimer’s allegations that the defendant Cygnett USA Inc. (“Cygnett”) sold laptop and tablet computer cases with vinyl/PVC components containing the heavy metal lead and 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, Cygnett agreed not to sell any laptop and tablet computer cases with vinyl/PVC components in California after October 19, 2012, unless the cases have Proposition 65 warnings provided or contain no more than 1,000 parts per million of DEHP and no more than 100 parts per million of lead.  Should Cygnett eliminate the need for Proposition 65 warnings by April 1, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $61,500, to be divided 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.