Brimer v. Kencove Farm Fence, Inc.

The parties involved in the case Brimer v. Kencove Farm Fence, Inc. executed a Consent Judgment on November 27, 2018.  In this matter, citizen enforcer Russell Brimer alleged that Kencove Farm Fence, Inc. (“Kencove”) sold tool grips 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, Kencove agreed not to sell any tool grips in California after the San Francisco County Superior Court approves the Judgment, unless the tool grips contain less than 1,000 parts of million of DEHP when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided. 

 

The Consent Judgment required settlement payments of up to $29,000, 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.