Brimer v. Hugo Bosca Company, Inc.

On July 8, 2013, the parties involved in the enforcement action Brimer v. Hugo Bosca Company, Inc., executed a Consent Judgment.  In this matter, citizen enforcer Russell Brimer alleged that the defendant Hugo Bosca Company, Inc. (“Hugo Bosca”) sold checkbook covers with vinyl/PVC components 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, Hugo Bosca agreed not to sell any checkbook covers in California after July 31, 2013, unless the checkbook covers contain less than 1,000 parts per million of DEHP in any accessible part when analyzed using state and federally approved testing methodologies.  Should Hugo Bosca provide written certification that all checkbook covers sold in California after December 15, 2013, and continuing into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $79,500, 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.