Brimer v. Jakks Pacific, Inc.

Citizen enforcer Russell Brimer’s allegations against defendant Jakks Pacific, Inc. (“Jakks”) were resolved on October 31, 2013, when the parties executed a Consent Judgment.  In this matter, Brimer alleged that Jakks sold padded upholstered children’s chairs with foam padding containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) and/or tris(2-chloroethyl) phosphate (“TCEP”)  in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Jakks agreed not to sell any children’s chairs in California after March 31, 2014, unless the chairs contain no more than 25 parts per million of TDCPP and TCEP when analyzed using state or federally approved testing methodologies. Additionally, Jakks agreed to provide its vendors with the reformulation standards by October 31, 2013, and instruct them to provide chairs and tables that comply expeditiously.  Chairs currently existing in Jakks’ inventory may be sold with Proposition 65 warnings provided.  Should Jakks provide written certification that all chairs sold in California after November 1, 2013 qualify as reformulated, Brimer agreed to waive a portion of the civil fine.  Additionally, Brimer provided a credit for extending the breadth of reformulation, among other credits available, if Jakks should provide written certification that all chairs sold in California after March 31, 2014, contain no detectable amounts of tris(2,3-dibromopropyl)phosphate (“TDBPP”) in addition to satisfying the TCEP and TDCPP requirements.

The Consent Judgment requires settlement payments of $109,000, 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.