Brimer v. DGL Group, Ltd.

On March 3, 2014, the parties involved in the enforcement action Brimer v. DGL Group, Ltd., et al., executed a Consent Judgment.  In this matter, citizen enforcer Russell Brimer alleged that the defendant DGL Group, Ltd. (“DGL”) sold vinyl/PVC cases for electronics 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, DGL agreed not to sell any vinyl/PVC cases for electronics in California after May 1, 2014, unless the cases contain no more than 1,000 parts per million of DEHP in any accessible part when analyzed using state and federally approved testing methodologies or have Proposition 65 warnings provided.  Additionally, DGL will provide its vendors with the reformulation standards by April 1, 2014, and instruct them to provide cases that comply expeditiously.  Should DGL provide written certification that all newly obtained vinyl/PVC cases sold in California after May 1, 2014, and continuing into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $60,000, 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.