Brimer v. Hangzhou GreatStar Tools Co., Ltd.

The parties involved in the case Brimer v. Hangzhou GreatStar Tools Co., Ltd. executed a Consent Judgment on November 30, 2016.  In this matter, citizen enforcer Russell Brimer alleged that Hangzhou GreatStar Tools Co., Ltd. (“Hangzhou”) sold vinyl/PVC electrical tape 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, Hangzhou agreed not to sell any vinyl/PVC electrical tape in California after April 1, 2017, unless the tape contains no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Should Hangzhou provide Brimer with certification by March 15, 2017 that all vinyl/PVC electrical tape sold in California qualifies as reformulated by the above standards, Brimer has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of up to $70,000, 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.