Brimer v. The Gerson Company

On December 3, 2015, citizen enforcer Russell Brimer and settling party The Gerson Company (“Gerson”) entered into an out-of-court settlement agreement.  Brimer had alleged that Gerson sold LED light cords and strings 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, Gerson agreed not to sell any LED light cords and strings in California after October 1, 2015, unless the light cords contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $16,000, 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.