Brimer v. Kent International, Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Kent International, Inc. (“Kent”) were resolved on March 19, 2013, when the parties entered into an out-of-court Settlement Agreement. Brimer alleged that Kent sold vinyl/PVC coated padlocks and locking cables 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, Kent agreed not to sell any vinyl/PVC coated padlocks or locking cables in California after March 31, 2013, unless the padlocks and locking cables comply with the reformulation standards when analyzed using state or federally approved testing methodologies.  Additionally, by March 15, 2013, Kent agreed to notify its supplier of the reformulation standards and instruct them to provide padlocks and cables that comply expeditiously.  For a brief interim period, products obtained prior to March 15, 2013, may be sold by Kent with Proposition 65 warnings provided. Should Kent provide written certification that all new coated padlocks and locking cables qualify as reformulated by March 15, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.  Should Brimer discover that the padlocks and cables were distributed in sales volumes materially different than those previously reported, Kent is liable for penalty augmentations.   

The Settlement Agreement requires settlement payments of $37,000, 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.