Brimer v. Jakks Pacific, Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Jakks Pacific, Inc. (“Jakks”) were resolved on April 4, 2013, when the parties entered into an out-of-court Settlement Agreement. Brimer alleged that Jakks sold erasers and bags 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, Jakks agreed not to sell any erasers or bags in California after April 12, 2013, unless the products contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. Should Jakks meet these heightened standards by May 1, 2013, and continuing on into the future, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $43,000, 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.