Brimer v. Delsey Luggage, Incorporated USA

On November 18, 2011, citizen enforcer Russell Brimer and settling defendant Delsey Luggage, Incorporated USA ("Delsey"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Delsey sold shopper bags containing the heavy metal lead and the phthalate chemicals di(2-ethylhexyl)phthalate ("DEHP") and di-n-butyl phthalate ("DBP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Delsey shall not sell any shopper bags in California after November 30, 2011, unless the bags are both "Lead Free" and "Phthalate Free." Lead Free bags contain components which may be handled, touched, or mouthed by a consumer, and which yield less than 1.0 microgram of lead and less than 100 parts per million of lead content when analyzed using state or federally approved testing methodologies. Phthalate Free bags must have less than or equal to 1,000 parts per million each of DEHP and DBP content when analyzed using state or federally approved testing methodologies. Delsey also agreed to place Proposition 65 warnings on bags it does not reformulate pursuant to Section 2.2 of the Agreement.

The Settlement Agreement requires settlement payments of $11,000, 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.