Brimer v. Larsen Supply Co.

Whistleblower Russell Brimer and settling party Larsen Supply Co. (“Larsen”) entered into an out-of-court Settlement Agreement on July 1, 2014, which resolved Brimer’s allegations that Larsen sold valve handles with vinyl/PVC 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 settlement, Larsen agreed not to sell any valve handles with vinyl/PVC grips in California after June 30, 2014, unless the grips contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have the appropriate Proposition 65 warnings provided.  Should Larsen provide written certification that by August 15, 2014, and continuing into the future, all valve handles with vinyl/PVC grips sold in California qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $35,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.