Brimer v. Dicksons Inc.

On November 20, 2015, citizen enforcer Russell Brimer and settling party Dicksons Inc. (“Dicksons”) entered into an out-of-court settlement agreement.  Brimer had alleged that Dicksons sold vinyl/PVC key rings 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, Dicksons agreed not to sell any vinyl/PVC key rings in California after October 15, 2015, unless the key rings contain less than 1,000 parts per million of DEHP in any component when analyzed using state or federally approved testing methodologies.  Should Dicksons provide Brimer with written certification by November 1, 2015 that all vinyl/PVC key rings sold in California qualify as reformulated products under the agreement, Brimer agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $23,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.