Brimer v. FAM, LLC

The parties involved in the case Brimer v. FAM, LLC executed a Consent Judgment on June 24, 2016.  In this matter, citizen enforcer Russell Brimer alleged that FAM, LLC (“FAM”) sold vinyl/PVC exercise balls 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 agreement, FAM agreed not to sell any vinyl/PVC exercise balls in California after the Santa Clara County Superior Court approves the Judgment, unless the balls contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Consent Judgment required settlement payments of $26,500, 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.