Brimer v. Half Price Books, Records, Magazines, Inc.

Posted: 04/09/2013  browse the case archive

Whistleblower Russell Brimer’s allegations against settling party Half Price Books, Records, Magazines, Inc. (“Half Price Books”) were resolved on April 9, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Half Price Books sold notebooks 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, Half Price Books agreed not to sell any SpiceBox Notebooks in California after April 8, 2013, unless the notebooks contain no more 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. Should Half Price Books eliminate the need for Proposition 65 warnings on the notebooks by July 1, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $28,000, 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.

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